So whatâs NC House Bill 2?
On March 23, the North Carolina General Assembly (NCGA) convened for a âspecial session.â In less than 12 hours, the NCGA was able to pass a bill called House Bill 2, or formally the âPublic Facilities Privacy and Security Act.â This law, HB2, was inspired and written to counteract an ordinance written for the city of Charlotte that protected LGBT rights.
On February 22, the Charlotte City Council passed an ordinance that added legal protections for gay, lesbian and transgender people in many different facets of public life. This ordinance legislated that businesses in the Charlotte area cannot discriminate against the LGBT community if they want to purchase goods or services from said business, regardless of the principles held in their hearts and minds. The ordinance applies to places of âpublic accommodation.â This would include the gas station, bars, stores, taxis, private means of transport and many other public services.
The most controversial piece of the ordinance, which would incite the name âThe Bathroom Billâ later on, was the fact that it allowed transgender people to use the restroom of the gender they identify with.
In response to the controversy, Governor Pat McCrory announced that the NCGA would most likely act immediately to overturn the ordinance.
In North Carolina, the NCGA has power over local municipalities and city councils. The NCGA decided to take action without consulting the public. The Charlotte City Council members much expected Raleigh to respond quickly, as soon as the next Monday, but they felt it was important to pass the ordinance if they indeed had the ability and it passed in a vote, 7â4.
A year ago, this same Charlotte Ordinance failed in a 6â5 vote. The ordinance was slated to take effect April 1, but it would never come into effect due to the passage of House Bill 2.
HB2 nullified every local ordinance state-wide that expanded protections to the LGBT community. For a long time, the state allowed cities and municipalities to create LGBT protections preserving public accommodations, hiring processes, minimum wage standards and other business issues. HB2 eliminated that local power. Among those who originally had such protections were Charlotte, Raleigh, and Chapel Hill.
Under HB2, transgender people must now use restrooms and locker rooms in schools and government buildings based on the sex listed on the personâs birth certificate. It does not matter if an entire community recognizes this person consciously as identifying with another gender. People will have to begin using the corresponding restroom with their âoriginalâ birth sex.
However, this bill expands far past just which restroom you will be using if you are a transgender person. The bill takes away the right to sue in state courts for employment discrimination. It prohibits things completely unrelated to the issue of LGBT, including prohibiting municipalities from adopting any type of minimum wage that is higher than the states current minimum wage. Employment benefits for certain jobs are no longer required to be in place, either.
Two days after this bill passed, multiple things happened in respects to law and business in North Carolina including PayPal instantaneously cancelling its plans to open a global operations center in Charlotte. This resulted in a loss of 400 jobs.
PayPal CEO Dan Schulman responded after the announcement, âBecoming an employer in North Carolina where members of our teams will not have equal rights under the law is simply untenable. The new law perpetuates discrimination and it violates the values and principles that are at the core of PayPalâs mission and culture.â
Along with PayPal, 100 other companies have publically protested the law.
Two days after the PayPal announcement, the American Civil Liberties Union, Equality North Carolina and Lambda Legal all filed lawsuits in an attempt to challenge HB2. They all claimed that the bill was violating both the 14th amendment and Title IX.
On April 12, McCrory issued an executive order that allowed private businesses to set their own policies regarding restrooms, shower facilities and locker rooms without the chance of government interference. He also affirmed the right of private businesses to establish non-discrimination policies for employment.
Under HB2, it is legal to post âNo Gays Allowedâ on the front of your business and deny services if the sign isnât followed. Forcing transgender people to use facilities that do not correspond with their gender identity or refusing them service in a public location violates many federal protections against sex discrimination. Billions of dollars in federal funds are given to North Carolina schools, but the cash may stop flowing if the entire bill is not repealed.
For more information about House Bill 2, you can visit NCGAâs official website at www.ncleg. net.









