• My Bill Died

    This legislative session, 1289 bills were introduced in Arizona. Every bill that didn’t receive a First Read by last Friday (February 22, 2019) is dead. If a bill doesn’t get a First Read, it doesn’t get assigned to a committee. If it doesn’t get assigned to a committee, it never gets voted on. I could not find a comprehensive list of all the bills that died (or that are still pending for that matter), but among the dead bills is my bill.

    HB2289 would have given Arizona the ability to issue non-binary driver’s licenses. This law would have provided the legal recognition that non-binary people deserve to be treated the same as men and women. It would have helped alleviate the problems that arise when someone’s appearance is discordant to the gender they were assigned as birth.

    The currently law only allows for male and female designations on IDs. There are no other options. Even if you present a non-binary birth certificate or a non-binary driver’s license from another state, they can’t issue you a non-binary driver’s license. Even if the MVD wanted to, it can’t issue a driver’s license with “X” for non-binary. (I know. I’ve tried. Ditto for leaving the field for sex blank. The computer won’t process the application without “M” or “F.”)  

    During this legislative session, I called or emailed Speaker Bowers’ office almost every day. My friends called and emailed him too.  I never received a response, even when I specifically requested a call back. Each time I asked him to give the bill a First Read and assign it to a committee. My requests fell on deaf ears.

    I never asked Speaker Bowers to support the bill. All I asked was that he allow it to be heard.

    Issuing non-binary driver’s licenses is not a new idea. Currently, Washington D.C. and 6 states issue non-binary driver’s licenses: Arkansas, California, Colorado, Maine, Minnesota, and Oregon. (Looking at the pending bills and previously passed laws in other states, Maryland, Massachusetts, New York, and Vermont are the most likely states to be next to grant non-binary driver’s licenses.)

    Wait. Back up.

    Arkansas! One of the states in the “bible belt” is more progressive and accepting of non-binary people than my state!

    Granting non-binary people driver’s licenses that match their gender won’t change most people’s lives, and it shouldn’t be that expensive. It’s a matter of updating a form and some computer software. By not even letting the bill be heard, the State is telling non-binary people that we don’t exist, that we don’t matter, that we don’t deserve the same rights and acknowledgement as everyone else. The State of Arizona is saying we’re second class citizens at best.

    This hurt. Having my bill die without being given a chance was a slap in the face and a kick in the gut. It made me want to figuratively crawl into a corner and cry.

    https://www.flickr.com/photos/taedc/34757503063
    Image by Ted Eytan from Werk For Your Health (Creative Commons License)

    At the same time, I want to scream at anyone who says we don’t exist. I will shop in the men’s and women’s sections if I feel like it. I will cringe every time I hear someone refer to me as “ma’am” or “miss.” I want to take my non-binary birth certificate (thanks California!) and whip it out anytime someone claims we should be forced to use the bathroom based on what gender we were assigned at birth.

    We know we exist. I’m not asking for your validation. I just want the same rights as everyone else.

    If you’re curious about the status of a bill, you can look it up on the State’s website. A lot of good bills died last week.

  • At Phoestivus last year, I asked my friend and Arizona Representative Ken Clark to introduce a bill that would allow people in Arizona the option to select “nonbinary” as their gender on their driver’s licenses. A few weeks later, HB2492 was born.

    Rainbow by Benson Kua from Flickr (Creative Commons License)

    Currently, all persons must identify as “male” or “female.” You have to pick one, and you can’t leave this field blank. I had to go to the Motor Vehicles Department (MVD) last year to update my photo. I asked if I could have “X” (abbreviation for nonbinary) on my driver’s license instead of “M” or “F” for my gender, and the clerk said the system didn’t allow her to do this. I asked if I could leave this field blank, and she said the system wouldn’t process my new license unless it had a selection for the person’s sex.

    When I contacted the Arizona Department of Transportation about adding the option for nonbinary to the driver’s license application, they said they couldn’t do this unless the law changed. Hence, I had to go to Ken for help.

    A new law went into effect in California this year, where you can have the state re-issue your birth certificate to indicate that you are nonbinary. I was born there, so I’m going through the process to get a nonbinary birth certificate. And I want my driver’s license to match.

    Photo by Jay Chatzkel Photography
    Used with permission

    HB2492 was assigned to the Transportation Committee, chaired by Representative Noel W. Campbell. So far, this bill has not been added to the committee’s agenda. If the bill isn’t heard by the committee, it will die and never reach a vote by the Arizona House. If this bill dies in committee, we’ll have to wait until next session to introduce it again.

    If you want the Transportation Committee to hear HB 2492, please contact Representative Campbell:

    And please, spread the word!

    If Arizona doesn’t change its law and allows people to be legally recognized as nonbinary, the State is essentially telling me that I and people like me don’t exist. My fingers are crossed that the Transportation Committee will at least hear HB2492.

    Please help me, and other nonbinary people, make this happen. Contact Representative Campbell and tell him to add HB2492 to the Transportation Committee’s agenda.