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10 years later: Looking back at the passing of anti-LGBTQ+ discrimination laws in Phoenix

It was on Feb. 26, 2013, that the Phoenix City Council approved anti-discrimination protections for LGBTQ+ people
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PHOENIX — For nearly the past 100 years, the Orpheum Theatre in downtown Phoenix has hosted many historic acts - but it's also been the setting of historic events, like one that happened a decade ago.

It was on Feb. 26, 2013, that the Phoenix City Council voted 5-3 to approve adding anti-discrimination protections for the LGBTQ+ community. The meeting was moved to the Orpheum as the city anticipated large crowds.

Hundreds showed up to make sure their voices were heard and to bear witness to what turned out to be a historic evening — and a turning point for the city when it came to the LGBTQ+ community.

Recently, ABC15 sat down with Brendan Mahoney, who at the time was an advisor to former Phoenix Mayor Greg Stanton, and is seen by many as one of the pioneers of the effort to get this passed.

"I can't tell you how many calls I had received over the years as a lawyer from people who had been fired from their jobs for being gay," says Mahoney, who is an attorney by training.

The ordinance, which was passed in 2013, is part of Chapter 18 of the Phoenix City Code, and makes it illegal to discriminate against someone when it comes to things like employment, housing, or any public accommodation, simply because that individual identifies as part of the LGBTQ+ community.

Getting the ordinance passed wasn't easy. Since the 1990s, organizers had tried but were met with roadblocks from many city leaders.

But in early 2013, the tide had started to turn. It took several months and multiple drafts of the ordinance, but in February, city leaders decided to put it up for a formal vote. They moved the meeting to the Orpheum Theatre to accommodate the hundreds of people who would turn up for more than four hours of public comment.

"As it went on, it became increasingly raucous, a lot of ugly stuff was said," Mahoney said. "Deviants. Perverts. Child molesters. That kind of stuff. It's pretty hard to have people accuse you of that."

Supporters argued the city needed to catch up with the times, but some opponents felt the ordinance was too broad and would lead to men using women's restrooms.

The conservative-leaning Center for Arizona Policy claimed at the time, "In other cities across the country with similar laws, the Bathroom Bill has forced businesses to allow a man dressed as a woman into their women's restroom."

It was something Mahoney and his team tried to push back on.

"They focused on that because it was the most inflammatory thing. Let's conjure up the worst possible scenario and scare everyone."

But despite any opposition, it passed, changing Phoenix's history forever.

"That feeling of euphoria - like oh my God! We just broke down a barrier, that's how it felt," says Mahoney.

Mahoney adds that part of the legacy of the ordinance is that it's already helped cut down on discrimination in the city. Still, he acknowledges that the work isn't finished yet.

"There are still a lot of people who simply don't understand. And so there is more work to do."

Where does the state as a whole and other cities stand?

Currently, there is no statewide law on the books that include all the protections the Phoenix ordinance has. The U.S. Supreme Court has ruled recently that members of the LGBTQ+ community are covered under federal discrimination protections, but the fear is that if those cases get overturned, the protections would go away in states like Arizona that haven't adopted laws of its own.

Each year, the Human Rights Campaign, a group whose mission it is to end discrimination against the LGBTQ+ community, ranks cities across the country in something called, "The Municipality Equality Report."

In 2022, three Arizona cities - Phoenix, Scottsdale, and Tempe - received a perfect score. To see where other cities in Arizona ranked, click here.