In The News
The North Carolina ‘bathroom bill’ HB2 explained.
by Jamie B
North Carolina has been drawing national attention for new legislation that blocks cities and local governments from passing antidiscrimination measures that could protect gay and transgender people, (and others). Here’s a closer look at how this law, which is seen, (by some), as a major step backwards for LGBTQ rights, came to be.
On Feb. 22, Charlotte, N.C., passed an ordinance expanding North Carolina’s antidiscrimination laws so that LGBTQ people would also be granted protection in places of “public accommodation” — which, among other things, would allow transgender people to use the bathrooms of the gender they identify as. This ordinance was to go in effect on April 1.
In response, at a special session on March 23, North Carolina’s General Assembly proposed and passed the House Bill 2, Public Facilities Privacy and Security Act (HB2) — or the “bathroom bill” — and Gov. Pat McCrory signed it into law that same night.
What Does It Do?
House Bill 2 declares that state law overrides all local ordinances concerning wages, employment and public accommodations. The new law did more than repeal the Charlotte ordinance. It made the state’s law on antidiscrimination — which covers race, religion, national origin, color, age, biological sex and handicaps — the final word.
The law also directs all public schools, government agencies and public college campuses to require that multiple-occupancy bathrooms and changing facilities, such as locker rooms, be designated for use only by people based on their "biological sex" stated on their birth certificate. Transgender people can use the bathrooms and changing facilities that correspond to their gender identity only if they get the biological sex on their birth certificate changed. Under the law, public institutions can still offer single-occupancy facilities.
Gov. McCrory in a statement he wrote after signing the bill. "The basic expectation of privacy in the most personal of settings, a restroom or locker room, for each gender was violated by government overreach and intrusion by the mayor and city council of Charlotte," he said. "As a result, I have signed legislation passed by a bipartisan majority to stop this breach of basic privacy and etiquette which was to go into effect April 1."
Thoughts to consider.
Have opponents of HB2 over reacted by calling the bill "...a symptom of systemic, institutionalized discrimination against transgender people.", [Amy Goodman, talk radio hostess], or by calling the law "...a hastily passed a super-gross law transparently targeting trans womening ", [s.e. smith, Yahoo News]?
Have proponants of HB2 over reacted by saying, "This is a matter of safety for women and children in public restrooms and showers.", implying there is a danger from the LGBTQ community?
Does "Equal Protection Under the Law" include both the minority and the majority?
Is there a a sensible,common sense compromise? Say single-occupancy bathrooms and changing rooms?
Is your bathroom at home, non gender specific? (Mine is.)
