PHOENIX – A ruling Monday by the U.S. Supreme Court on gay rights is imposing new restrictions on ÃÛèÖÖ±²¥ employers that neither the Legislature nor state courts were willing to do.
The 6-3 decision by the high court effectively puts a provision into federal law that says people who contend they were fired the opportunity to sue under Title VII of the 1964 Civil Rights Act, which bars employers from discriminating based on sex.
“Homosexuality and transgender status are inextricably bound up with sex,†the justices said.
The move follows decades of unsuccessful efforts by some ÃÛèÖÖ±²¥ legislators to add sexual orientation and gender identification to existing laws that now prohibit discrimination in public accommodation and employment.
In effect, Monday’s court ruling catches the rest of the state up to cities like ÃÛèÖÖ±²¥, Phoenix, Tempe and Flagstaff whose anti-discrimination laws already cover sexual orientation.
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But the high court decision covers only employment discrimination.
Rep. Daniel Hernandez, D-ÃÛèÖÖ±²¥, chair of the ÃÛèÖÖ±²¥ LGBTQ Caucus, called the ruling a significant — but only partial — victory. He said nothing in Monday’s ruling provides blanket legal protections he believes are necessary for gays.
“In ÃÛèÖÖ±²¥, you can still be discriminated against in stores, restaurants and hotels,†he said. “You can still be denied housing.â€
Hernandez told Capitol Media Services that was brought home last year when the ÃÛèÖÖ±²¥ Supreme Court ruled that Phoenix could not enforce its anti-discrimination ordinance, which covers sexual orientation, against the owners of a calligraphy firm that refused to design wedding invitations for same-sex couples saying it conflicted with their Christian beliefs.
On one hand, Hernandez said, it was a narrow ruling, with the justices applying it to only the specific facts in that case.
“But it laid out, essentially, a toolkit for those businesses that want to discriminate,†he said. That’s why Hernandez said there needs to be a statewide law to overturn that ÃÛèÖÖ±²¥ court ruling.
“If you are a business that has an open-door policy, you can’t decide who you close the door on just because you disagree with them,†he said.
Hernandez has had no luck. In fact, House Speaker Rusty Bowers earlier this year even refused to assign Hernandez’s anti-discrimination proposal to a committee for a hearing, telling Capitol Media Services at the time he saw no reason to overturn that state Supreme Court ruling.
“I think that my right of freedom of religion and religious beliefs and expression is at least equal to anybody else’s,†he said.
What might happen next year could depend in part on business community backing. But the head of the ÃÛèÖÖ±²¥ Chamber of Commerce, while declaring his support for what the Supreme Court did Monday, refused to commit to backing such a law.
“We’re going to be very sympathetic when we look at different laws to make sure we don’t have discriminatory treatment in our society,†said Glenn Hamer, the organization’s president and CEO. “We will certainly review any proposal of that sort.â€
And then there’s Gov. Doug Ducey. As recently as last year, the governor said he did not support extending state anti-discrimination laws to protect people based on sexual orientation.
Ducey declined to comment on Monday’s Supreme Court ruling, with press aide Patrick Ptak saying the governor is reviewing it with his staff. But Ptak said his boss “remains opposed to discrimination in all its forms.â€
A Chinook helicopter drops water on a ridge above Pima Canyon in Coronado National Forest during the Bighorn Fire on June 10, 2020. Video by Rick Wiley / ÃÛèÖÖ±²¥
That lack of any specific protections in ÃÛèÖÖ±²¥ law is significant.
In a 1994 ruling, the state Court of Appeals pointed out that state lawmakers have never extended legal protections to individuals based on sexual orientation.
And based on that, the judges ruled that ÃÛèÖÖ±²¥ employers are free to fire workers solely because they are gay.
Since that time there have been no new cases on the issue. And attorney Richard Langerman, who represented Jeffrey Blain in that case, told Capitol Media Services that, had his case been tried as recently as last month before Monday’s Supreme Court ruling, the results would have been the same and his client — and all others — would have no legal recourse in ÃÛèÖÖ±²¥.
Blain, an employee of Golden State Container Inc. of Phoenix, claimed he was fired because he is a gay man with AIDS.
Maricopa County Superior Court Judge Norman Hall instructed the jury that they should rule in Blain’s favor if they determine that he was fired because he has AIDS.
That is based on provisions of the ÃÛèÖÖ±²¥ Civil Rights Act, which prohibits discrimination based on disability. A state attorney general’s opinion concluded that AIDS fits within the definition of handicapped.
The judge, however, said jurors should ignore the question of whether Blain was fired because he is gay. Hall concluded that, under ÃÛèÖÖ±²¥ law, employers are entitled to do that.
The jury ruled in favor of the company. That sent the case to the Court of Appeals.
Langerman told the appellate judges the verdict might have been different if the jury had considered whether his client’s sexual preference also was a factor. Judge Joseph Livermore, writing the unanimous appellate opinion, disagreed.
The judges said ÃÛèÖÖ±²¥ employers do not need a reason to fire workers.
What companies cannot do, however, is fire someone for a bad reason, like violating constitutional protections based on race, religion or sex. Bad reasons also include violations of public policy, such as firing a worker who refused to break the law.
The judges said they could find nothing in ÃÛèÖÖ±²¥ law that makes a discharge based on sexual orientation a violation of public policy.
Livermore noted that lawmakers in most states, including ÃÛèÖÖ±²¥, have not enacted laws barring discrimination based on sexual preferences, the way they have when dealing with sex, race, religion and age. The judge also pointed out that Congress specifically has rejected an outright ban on discrimination against gays in the armed forces.
The lack of statewide action on the issue has created a patchwork of statutes, with ÃÛèÖÖ±²¥, Phoenix, Tempe, Flagstaff, Sedona and Winslow banning discrimination in private employment.
Some other ÃÛèÖÖ±²¥ communities offer more limited protection.
Photos for May 29: ÃÛèÖÖ±²¥ gets by during Coronavirus Pandemic
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

The iconic Casa Molina bull and matador statue both sport masks on the first full week of the loosening of COVID19 restrictions, May 23, 2020, ÃÛèÖÖ±²¥, Ariz. The bull previously had a mask on the testicles.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Michelle Leon Cordova, right, mother, and her son Sahuarita High School senior Lino Cordova, whom is fighting cancer, wave at staff members from Diamonds Children Center, friends and the Marana Police Department during a car parade, celebrating Lino's graduation, outside of his home on May 13, 2020 in Sahuarita, Ariz. Cordova stood on the sidewalk while the team from Diamond Children Center, friends and the Marana police department gave Cordova a graduation gar parade. Cordova was given a gift basket with his favorite snacks, gift cards as well as other items he enjoys. The car parade, also, celebrated another graduating senior fighting cancer from Empire High School, Noah Nieto. Nieto, also, received a gift basket with snacks, gift cards and other items Lino enjoys.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Michelle Leon Cordova, right, mother, brings celebration balloons to a car after staff members from Diamonds Children Center, friends and the Marana Police Department celebrate Sahuarita High School senior Lino Cordova, whom is fighting cancer, graduation with a car parade outside of his home on May 13, 2020 in Sahuarita, Ariz. Cordova stood on the sidewalk while the team from Diamond Children Center, friends and the Marana police department gave Cordova a graduation gar parade. Cordova was given a gift basket with his favorite snacks, gift cards as well as other items he enjoys. The car parade, also, celebrated another graduating senior fighting cancer from Empire High School, Noah Nieto. Nieto, also, received a gift basket with snacks, gift cards and other items Lino enjoys.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Personnel from ÃÛèÖÖ±²¥ Medical Center line the heliport to watch A-10's from Davis-Monthan Air Force Base's 355th Wing and F-16's from the ÃÛèÖÖ±²¥ Air National Guard's 162nd Wing make a pass over the facility, one leg of an area wide community flyover, May 14, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Nancy Celix-Campos, right, a respitory therapist at ÃÛèÖÖ±²¥ Medical Center, watches the military flyover with her daughters, Giana, 12, and Jazmyn, 8, from Sentinel Peak on May 14, 2020. Two F-16 Fighting Falcons from ÃÛèÖÖ±²¥ Air National GuardÕs 162nd Wing and two A-10 Thunderbolt II's from the 355th Wing, assigned to Davis-Monthan Air Force Base, fly over ÃÛèÖÖ±²¥ area hospitals to honor healthcare personnel and first responders as they are some of the frontline workers dealing with the coronavirus disease (COVID-19) head on. "It's been an exhausting two to three months," says Campos, "it's pretty cool, I like how they're going by each hospital."
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Two F-16 Fighting Falcons from ÃÛèÖÖ±²¥ Air National Guard’s 162nd Wing and two A-10 Thunderbolt II's from the 355th Wing, assigned to Davis-Monthan Air Force Base, fly over Northwest Medical Center north of ÃÛèÖÖ±²¥ on May 14, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

A letter carrier portrait on the Ok Market building, located in the Armory Park neighborhood, is adorned with a face mask on May 18, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Rosemary Garcia waits for a family member outside of a store at Park Place Mall, 5870 E. Broadway Blvd., in ÃÛèÖÖ±²¥, Ariz. on May 19, 2020. Malls reopened today under CDC guidelines and Gov. Ducey's new rules for businesses due to the Coronavirus pandemic. Park Place Mall has signs throughout the mall reminding customers to keep a six feet distance as well as hand sanitizer stations near each entrance. About half of the tables in the food court have been removed to allow for social distances as well as less than half of the stores have opened with new guidelines. Of the stores open, only 10 customers are allowed to shop in each store at a time.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Pat Schlote steams clothing before it is put on the sales floor at the Golden Goose Thrift Shop in Catalina, Ariz., on May 21, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Ada Contreras, teaching assistant, looks through containers while reorganizing toys at Herencia Guadalupana Lab School, 6740 S. in ÃÛèÖÖ±²¥, Ariz. on May 21, 2020. As Child care centers begin to re-open when they are ready, Herencia Guadalupana Lab School is reorganizing and cleaning everything in the facility before re-opening on June 2. To allow for social distancing and decrease the amount of items children touch, Herencia Guadalupana Lab School has sheds where items will go as well as placing items in containers organized by category.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Jen Martinez, right, softball coach, teaches Skylar Reilly about hitting during a session at Centerfield Baseball Academy, 5120 S. Julian Dr., in ÃÛèÖÖ±²¥, Ariz. on May 21, 2020. After re-opening on Monday, Centerfield Baseball Academy has implemented new policies in response to the Coronavirus Pandemic such as wearing masks, cleaning, signage, hand sanitizer and limiting the amount of people inside the facility.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Karl Bosma, left, and George Cantua, with facilities and maintenance, lay down stickers to mark six-foot separation distance around one of the baggage carousels, part of the efforts at ÃÛèÖÖ±²¥ International Airport to work within the restrictions of COVID19, May 22, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

A lone passenger waits for a flight near one of the shuttered restaurants in the B Gates before Memorial Day at ÃÛèÖÖ±²¥ International Airport on May 22, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Drew Cooper on the stage in the St. Philip's Plaza courtyard, May 22, 2020, ÃÛèÖÖ±²¥, Ariz., where live music is back on the schedule.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Many people visit Tumamoc Hill during the first day of Tumamoc's re-opening in ÃÛèÖÖ±²¥, Ariz. on May 25, 2020. After being closed due to the Coronavirus pandemic, Tumamoc Hill re-opened with some modifications. There are hand sanitizer stations throughout the hike to the top as well as arrows, spaced 10-ft apart, lined up and down the hill. Some runners, hikers and walkers are also wearing masks during their hike. "The steps we are taking aim to provide our community with needed exercise, connection to our beautiful desert and a sense of comfort in such a trying time, while balancing the fact that gathering as a community endangers each of us and our loved ones. This is an unprecedented challenge that we are taking extremely seriously," said Benjamin T. Wilder, director of Tumamoc Hill. Visitors are also asked to limit their group to three people and to not touch the gate at the top of the hill- a tradition for some who make it to the top. "This is a time when we need to establish new traditions and adapt in a creative manner that embraces empathy, unity, care and patience," Wilder said.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Pen Macias, artist, works on part 2 of a mural for a client on E. Broadway Rd., between S. Columbus Blvd. and S. Alvernon Way, in ÃÛèÖÖ±²¥, Ariz. on May 25, 2020. Macias, known as The Desert Pen, has been working on her clients mural for the past three months. "It's the one thing I love, I have a passion for and the only thing I could be happy doing," said Macias. The mural represents her client, a single mother of four who works in the health care field. One half of the mural is dedicated to the connection between mothers and their children. The other half is dedicated to the connection between nurses and patients. The client wanted some positivity in the mural to show how nurses give a piece of themselves to their patients hence the puzzle pieces in the nurse and the patients, said Macias.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Christina Cortinas, posing at her home, May 28, 2020, ÃÛèÖÖ±²¥, Ariz., with a photo of her and her mother, Catherine Rodriguez, in San Diego, 1991. Rodriguez is currently in assisted living and fighting COVID19. Cortinas hasn't seen her mother in months, the longest such span in her life.
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Ruben Lopez looks through handouts while attending a Eviction Resource Fair with his family outside the Pima County Justice Court.
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