State Superintendent of Public Instruction Tom Horne is advising Arizona’s school districts and charter schools to consult legal counsel regarding implementation of the controversial Title IX changes.
The changes to Title IX center on the redefining of the term “sex” to include “gender identity.” In effect, schools would be required to permit access to gendered programs, activities, or spaces on the basis of gender identity rather than biological sex, such as sports teams, locker rooms, and bathrooms. The U.S. Department of Education (ED) released the final Title IX rules outlining this change in April.
In ED’s justification for expanding the concept of “sex” to include “gender identity,” the agency declared that basing exclusion on biological sex amounted to sex discrimination.
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
These new rules take effect on Aug. 1.
In a press release on Monday, Horne announced that he’d advised legal counsel to educational institutions through letters disseminated to all districts and charters. Horne emphasized that, though all schools had the choice to implement the updated Title IX regulations, there were pending legal challenges that may result in students suffering damages.
“This is your choice, but you may wish to delay implementing the new regulations until the legal situation is clarified. If the regulations are implemented and then later overruled by the courts, students may suffer damages in the meantime,” said Horne. “This is not legal advice. The Arizona Attorney General may disagree […] We are a local control state, and it will be up to districts and charters to determine how to proceed in this situation. You need to consult with your lawyer. I am only providing information I think might be useful.”
Indeed, a federal court in Louisiana ruled against the new regulations last month. The judge determined that the new federal rules amounted to federal overreach, calling ED’s rulemaking “arbitrary and capricious,” and signaling concern for the rules’ threat to protected constitutional speech.
Some districts have already opposed the changes.
Dysart Unified School District’s governing board voted to reject the new Title IX rules earlier this month. The district declared that ED’s changes to Title IX were contradictory to the existing, plain language of the rules.
Horne noted in Monday’s press release that the new Title IX rules could “significantly injure public education” by prompting parents to flee the system.
“In the past I’ve been asked by districts, as a policy matter, about their consideration of rules, permitting biological boys who have male genitalia being allowed in girls’ bathrooms, locker rooms, and showers,” said Horne. “My response was that there should be unisex bathrooms available, and if there was no room for them, the faculty bathroom should be used for that purpose. That would preserve the dignity of biological boys who identify as girls. But if they were allowed in girls’ facilities, I thought parents might well remove the girls from the school and send them to another district, Charter School, or private school. So, this rule could significantly injure public education.”
26 states have put forth legal challenges to the Title IX changes, with some awarded injunctions: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
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Come November, Arizona voters may decide whether to establish abortion at any stage of pregnancy as a fundamental right in the state constitution.
The assigned ballot number, Proposition 139, declares that voting in favor of the initiative would create a fundamental right to abortion, thereby limiting the state’s ability to interfere with all abortions — mainly those pregnancies predating the generally accepted standard for viability, around 24 weeks.
However, that doesn’t mean that abortions won’t be covered by the state constitution after viability. The proposition declares that abortions will be permissible after viability should any involved health care professional determine them “necessary” to protect the mother’s life or health.
The proposition would also preemptively ban lawmakers from imposing any criminal sanctions or other punishments on anyone who assists another in obtaining an abortion.
“A ‘yes’ vote shall have the effect of creating a fundamental right to abortion under Arizona’s constitution. The State will not be able to interfere with this fundamental right before fetal viability, unless it has a compelling reason and does so in the least restrictive way possible. Fetal viability means the point in the pregnancy when, in the good-faith judgment of a treating health care professional, the fetus has a significant likelihood of survival outside the uterus. Throughout the pregnancy, both before and after fetal viability, the State will not be able to interfere with the good-faith judgment of a treating health care professional that an abortion is necessary to protect the life or health of the pregnant individual. The State will not be able to penalize any person for aiding or assisting a pregnant individual in exercising the right to an abortion.”
The secretary of state’s office is still reviewing signatures for the initiative.
Earlier this month, the PAC behind the initiative, Arizona For Abortion Access, sued the Arizona Legislative Council for using the term “unborn human being” rather than “unborn fetus” in their official analysis of the proposition distributed to voters in a publicity pamphlet.
An attorney for the PAC told lawmakers during their hearing on the subject that “unborn human being” was a partisan phrase, rather than their preferred term of “fetus.”
Arizona For Abortion Access, the political action committee behind the ballot initiative, has pulled in nearly $23.2 million for their cause.
The PAC’s biggest donors are mainly out-of-state entities: over $13.4 million altogether from The Fairness Project, Planned Parenthood Action Fund, Sixteen Thirty Fund, Advocacy Action Fund, the ACLU Foundation, Open Society Action Fund, Think Big America, The Green Advocacy, Movement Voter PAC and Project, Our Children Our Future, Clean and Prosperous America, and Moms Fed Up.
Several in-state entities rich with out-of-state cash flow put about $5.8 milliontoward the initiative: Arizonans Fed Up With Failing Health, ACLU of Arizona, Reproductive Freedom for All Arizona, Healthcare Rising Arizona, and the UFCW Local 99 PAC.
A number of wealthy, out-of-state billionaires have donated funds:
Phoebe Gates, daughter of Bill Gates and Stanford University student, $750,000;
Liz Simons, daughter of hedge fund billionaire James Simons, $250,000;
Gaye Pigott, a Washington descendant of one of America’s richest families, the Pigott family, $75,000;
Eric Laufer, a New York engineer, $65,000;
Giovanna Randall, president and head designer of New York luxury bridal company Honor NYC $65,000;
Barbara Simons, a retiree of San Francisco, California $51,000;
Barton Faber, former Canto executive, a California-based software company (reported as living in Hawaii, but formerly from Arizona), $50,000;
Ning Mosberger-Tang, a Colorado photographer, gave $50,000;
Steven Spielberg, famed Hollywood director, and his Hollywood actress wife, Kate Capshaw, gave $100,000;
Sheli Rosenberg, a retired Illinois executive of Equity Group Investments, gave $50,000;
Gregory Serrurier, retired California cofounder of Redwood Grove Capital, $50,000;
Eric Uhrhane, a Californian software engineer and angel investor, gave $50,000;
Laura H. Lauder, a California philanthropist, gave $25,000;
Georgia Taylor Michelson, Californian and wife to Zimmer Biomet board member Michael Michelson, gave $25,000;
Marcia Grand, a California donor, gave $25,000;
Sal Al-Rashid, a New York investor, gave $25,000;
Elizabeth Brown, a California farmer, gave $25,000;
Robin Donohoe, a Georgia venture capitalist, gave $25,000
Several wealthy in-state donors also gave. Among them were Juanita Fitzer Francis, who gave $200,000 — a former nurse with University of Arizona College of Medicine and Phoenix Children’s Hospital, and board member of the Arizona State University Foundation and University of Illinois Foundation. Francis also presides over the Francis Family Foundation.
There was also David and Louise Reese, who gave about $200,000 together. They operate the David E. Reese Family Foundation, a private grantmaking foundation in Paradise Valley. David formerly ran banking institutions across Arizona, Ohio, and New York.
And then there’s Sedona’s Donalyn Mikles, who gave $100,000. Mikles has been a top donor for the Democratic Party and Gov. Katie Hobbs in recent years. Mikles has served as a director of the Kling Family Foundation, a private philanthropic California nonprofit.
Donald Levin, a DRL Enterprises executive in Phoenix, gave $50,000. Paul Lipton, a Tucson hydroponics supply company founder, gave $25,000. Likewise, Robert Bertrand, a Paradise Valley retired executive of Concord Servicing, gave $25,000.
They’ve spent nearly $13.5 million so far, around $11 million on signature gathering. The second-largest expenditure was on advertising, generally, amounting to over $500,000, and polling came at a cost of over $100,000.
Staff salaries for other organizations also topped the list: staffing for Healthcare Rising, Reproductive Freedom for All Arizona, The Fairness Project, and the ACLU altogether amounted to over $400,000.
Their cash balance sits at just over $9.7 million.
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Not all kinds of heat are equal: apparently, Arizona’s first “Chief Heat Officer” has been avoiding any heat from the media.
It was discovered by ABC15 reporter Nicole Grigg that inaugural Chief Heat Officer Eugene Livar, appointed in April, has repeatedly avoided interviews with the media and instead opted to answer the questions on his own time, without direct media scrutiny or feedback, through his vlog, “What’s Hot with Heat.”
Per Arizona Department of Health Services’ (ADHS) media relations, they will direct reporters to sift through Livar’s vlogs to receive answers to their questions, should he have addressed them.
Media Relations Director Niala Charles told Grigg in an email this week that Livar’s vlog satisfactorily accomplishes the duty of keeping the public informed, citing the vlog’s “77,000 subscribers” and “high click rate,” which Charles described as “impressive.”
Arizona’s population sits at over 7.1 million souls.
Arizona hired its first 'Chief Heat Officer' and is now doing bi-weekly video blogs about the heat.
I have requested interviews with him, but he's not available. Instead, I can submit my questions, and they may put a response in his 'Whats Hot with Heat!' series. pic.twitter.com/PLGJHseuYB
Prior to becoming the state’s first chief heat officer, Livar had worked in various roles for ADHS for over a decade. In his last role as ADHS assistant director, Livar had a salary of over $148,000.
This latest job title was concocted through Governor Katie Hobbs’ Extreme Heat Preparedness Plan, which he helped develop. Livar’s job also includes executing those aspects of the plan. Hobbs’ plan heavily focuses on addressing homelessness, namely heat respite resources and housing for them, and establishing more clean energy.
A big push for Hobbs’ plan, and a goal of her administration, is to convince the federal government to declare heat as an emergency in order to unlock more federal funding.
Livar’s team has issued two vlogs, the first appearing last month. Both vlogs repeated similar advice on watching out for heat-related illnesses and staying hydrated, and avoiding heat-induced car breakdowns by performing regular maintenance.
The third vlog is scheduled for release next Wednesday.
The first vlog, eight minutes, focused on an overview of his office’s duties and the resources the state and local government offer for heat relief.
“Be sure you stay cool, stay hydrated, stay informed, and be sun-wise,” said Livar in one vlog. “We know if we lean on each other, we can make it through each heat season and come out better every year.”
The second vlog issued earlier this month, four minutes, had Livar recommending municipalities adopt more public advisories on the heat, and expanding offerings of cooling and hydrating stations.
The ADHS heat-focused vlogs are promised to be posted on a bimonthly basis. Rather than relying on closed captioning, ADHS opted to bring in a sign language interpreter for the vlogs.
In addition to vlogging, Livar has been blogging about heat-related topics. Most recently, Livar wrote up general advice on proper hydration, signs of dehydration, and resources for sourcing local cooling and hydration centers.
Other blogs by Livar address various other, non-heat-related health topics, like HIV testing and regulation of marijuana kitchens.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Arizona elected officials responded to Sunday’s historic announcement from President Joseph R. Biden that he would not be seeking reelection in the November General Election.
On Sunday, President Biden capped weeks of rampant criticism and speculation about the future of his candidacy for the highest office in the United States of America, announcing he would not be continuing his campaign just months before voters head to the polls to select their next Commander in Chief.
In a letter released on “X,” Biden wrote, “It has been the greatest honor of my life to serve as your President. And while it has been my intention to seek reelection, I believe it is in the best interest of my party and the country for me to stand down and to focus solely on fulfilling my duties as President for the remainder of my term.”
Less than an hour later, Biden endorsed his Vice President to carry the mantle for his party’s nomination in its upcoming convention, saying, “Today I want to offer my full support and endorsement for Kamala to be the nominee of our party this year. Democrats – it’s time to come together and beat Trump. Let’s do this.”
My fellow Democrats, I have decided not to accept the nomination and to focus all my energies on my duties as President for the remainder of my term. My very first decision as the party nominee in 2020 was to pick Kamala Harris as my Vice President. And it’s been the best… pic.twitter.com/x8DnvuImJV
Governor Katie Hobbs said, “President Biden is the embodiment of a public servant. Throughout his career, he has led with integrity, selflessness, and unparalleled empathy. His decision today is a clear reflection of these qualities and his commitment to putting the American people first.”
President Biden is the embodiment of a public servant. Throughout his career, he has led with integrity, selflessness, and unparalleled empathy. His decision today is a clear reflection of these qualities and his commitment to putting the American people first.
Attorney General Kris Mayes added, “I want to think President Joe Biden for his dedicated service to our nation. From guiding us out of the pandemic, to revitalizing our economy and supporting freedom and democracy at home and abroad. I stand ready to help move America forward and am honored to support Vice President Kamala Harris as our Presidential nominee.”
I want to thank President @JoeBiden for his dedicated service to our nation. From guiding us out of the pandemic, to revitalizing our economy and for supporting freedom and democracy at home and abroad. 1/3
Arizona Speaker of the House Ben Toma posted, “An historic moment in several ways. The Democrat machine and their allies in the media push out their standard bearer. Biden in turn endorses a much more radical progressive at a time when Americans are rejecting such policies. All against the backdrop of President Trump and a united Republican/conservative coalition whose aims include a secure border, less government interference, and a stronger natural defense.”
An historic moment in several ways. The Democrat machine and their allies in the media push out their standard bearer. Biden in turn endorses a much more radical progressive at a time when Americans are rejecting such policies. All against the backdrop of President Trump and a…
Former Arizona Attorney General Mark Brnovich told AZ Free News that, “It’s no surprise that the democrats worried about Joe Biden’s re-election chances. The surprising part is that his announcement didn’t come sooner. Regardless of who they nominate now, how do they explain the border crisis and high prices the Democrats created? But as far as predictions, it wouldn’t surprise me to see Mark Kelly as part of the ticket.”
Brnovich and Harris served together as state attorneys general before the California prosecutor was elevated to her federal office on the Biden presidential ticket in 2020. In April 2021, Brnovich sent a letter to Harris, inviting her to the southern border. He told Harris that this tour would “provide firsthand insight into what Arizonans, law enforcement officials, and migrants are experiencing.”
A little more than a month after this initial communication, Brnovich wrote to President Biden about Harris ignoring his invitation, requesting “that she be replaced as [his] ‘border czar.’” He said, “We are now nearly 50 days into her appointment, and Vice President Harris has shown little interest in observing what is happening along the border and has failed to articulate any plan to deal with the devastating effects of this crisis. Instead, she has traveled to other states for unrelated and less-pressing matters. Mr. President, this is a slap in the face to Arizonans who helped elect you both to the highest offices in the land.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
One Arizona mom is hoping to make a difference over the next two years for her family in the state legislature.
Carine Werner is currently running to represent Arizona Legislative District 4 in the state senate. She notes on her website that her history as an immigrant, who arrived in the United States when she was eleven years old, has given her a great appreciation for this nation and helps drive her spirit to give back to the community around her through public service.
On March 29, Werner posted to her “X” account that she “turned in more than 3x the amount of signatures needed to get on the ballot for State Senate in LD-4.”
I’m excited to announce that just this week I turned in more than 3x the amount of signatures needed to get on the ballot for State Senate in LD-4
I am incredibly grateful for every one of you who helped get us on the ballot – thank you all! ❤️🇺🇸 pic.twitter.com/LCswfQ8aJF
“Mom” is the first descriptor on Werner’s biography, which speaks volumes to onlookers about “who” and “what” is inspiring her to serve. Carine has three children, all with her husband of almost 30 years. She reflects on the motivation for her campaign for the state legislature, saying, “We face a flailing economy with out-of-control prices, a broken border, rising crime, homelessness, and challenges within our education system. As a result of these issues, we worry that our children and grandchildren won’t have the chance to enjoy the same opportunities and lifestyle that we have.”
Werner now serves on the Scottsdale Unified School District Governing Board. She lists her goals for this position as “improving the quality of education offered to Scottsdale students and ensuring their safety on all SUSD campuses.”
On her biography for SUSD, Werner reveals that “highlights of her [business] career include facilitating more than $100 million of commercial and residential loans, hiring, developing, and training more than 150 lenders, and creating the most six-figure income earners in her organization.”
Though Werner is already involved in public service, she sees an opportunity in the state legislature to secure a better future for her children. On her website, Werner writes that she is running for state senator “because our school boards are only one front in the battle for our children’s future, and we need fighters in the state legislature who will fight for their future too. Those of us who call this area home are truly fortunate because we’ve worked hard for the life we’ve built here. But we aren’t immune to the problems happening in the world that are beginning to hit close to home.”
The District 4 candidate has three priorities on her website to give voters a taste of what she would pursue if given the chance to represent them at the state legislature. The first is education, where Carine promises to help “increase teacher pay and reduce wasteful spending [and] empower parents.” She states, “Parents are the experts in their children’s lives, education, and health. They’re the ones who should drive children’s education inside and outside of the classroom. In the State Senate, Carine will ensure transparency in classrooms so parents are informed and involved in their child’s education.”
In her second priority for the state legislature, Werner highlights “safe and secure communities,” vowing to “empower and fund law enforcement, secure the border [and] address homelessness with compassion and accountability.” Giving her thoughts on the border, she writes, “We’ve all seen far too many Arizonans die of drug overdoses as a result of the crisis at our border. In the State Senate, Carine will work with local, state, federal, and law enforcement officials on solutions to secure our border, stop the rise in crime, and stop the flow of drugs coming into Arizona.”
Finally, Werner includes “economic growth and opportunities” for her priorities. Under this umbrella, she commits to “champion low-tax, business friendly environment, generate job growth, and improve cost of living.” Werner says that she “will promote legislation to advance economic growth and opportunities for prosperity through low taxes and legislation that will benefit Arizonans and Arizona businesses, while standing firmly against legislation that attempts to increase the burden on families and businesses.”
Werner was recently endorsed by the Maricopa County Colleges Police Officers Association. In announcing the support, Werner said, “It is critical that we fund police and stand alongside the men and women who risk their lives to keep us safe. At the Capitol, I will champion funding for law enforcement and more investment in a secure border. Together we can keep our communities and neighborhoods safe!”
Proud to stand with law enforcement and grateful for the endorsement from Maricopa County Colleges Police Officers Association – Mccpoa.
It is critical that we fund police and stand alongside the men and women who risk their lives to keep us safe. At the Capitol, I will… pic.twitter.com/BLFz6kddYh
Legislative District 4 is one of the most competitive in the state. According to the Arizona Independent Redistricting Commission, it has a 3.4% vote spread over the past nine statewide elections within its boundaries, with Republicans winning five of those contests.
The Scottsdale mother is running in the Republican primary against Kenneth R. Bowers, Jr. The winner on July 30 will face off against incumbent Democrat state senator Christine Marsh for the right to represent Arizona Legislative District 4.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
