AZ SCR1038

Requires public entities to provide reasonable accommodations (single-occupancy or employee restrooms) to individuals unwilling or unable to use multiple occupancy restrooms designated for their sex, upon written request with proof of biological sex.

Defines "sex" as immutable biological sex determined at birth, with acceptable proof being an original birth certificate or amended certificate with physician attestation confirming chromosomal consistency.

Creates a private cause of action allowing individuals to sue public entities if denied a reasonable accommodation or if they encounter someone of the opposite sex in a restroom after the entity granted that person permission to use it.

Prevailing plaintiffs may recover monetary damages for psychological, emotional, and physical harm, plus reasonable attorney fees and costs, with a two-year statute of limitations.

This is a ballot referral requiring voter approval at the next general election to take effect.