Last month, Governor Patrick McCrory (R-NC) signed the Public Facilities Privacy & Security Act, or HB2, which was enacted in response to a February nondiscrimination ordinance passed by the Charlotte City Council. Charlotte’s ordinance originally enabled transgender individuals to use the bathrooms of the gender with which they identify. Since its passage, HB2 has ignited a nationwide debate concerning its ethicality and constitutionality. Given the law’s provisions and the absurd logic used to justify its passage, it is not difficult to understand why HB2 has generated so much controversy. While supporters of this law will cite the need to protect public safety and privacy, this law represents a deliberate attempt to imperil those very notions.
HB2’s provisions reserve the right to pass nondiscrimination legislation to the state government, thereby preempting the Charlotte nondiscrimination ordinance. Furthermore, the law denies transgender individuals the option to use the public bathroom designated for the gender they identify with. McCrory has stood by his decision to sign the bill into law, tweeting “I signed bipartisan legislation to stop the breach of basic privacy and etiquette, [and] ensure privacy in bathrooms and locker rooms.” State House Speaker Tim Moore (R-NC) joined McCrory in voicing support for HB2, arguing the Charlotte ordinance “would have allowed a man to go into a bathroom, locker or any changing facility, where women are — even if he was a man.”
Regarding McCrory, I find it surprising that an individual as outspoken in his criticism of governmental overreach would support legislation that deliberately undermines the will of a municipality. Furthermore, McCrory’s stance appears unappealing to other social conservatives. Just last month, Gov. Dennis Daugaard (R-SD) vetoed a similar bill on the grounds that it didn’t “address any pressing issue.” In response to Moore’s comments, his allegation that the Charlotte ordinance would result in a rise in sexual misconduct is completely unsubstantiated. According to the progressive research center Media Matters, officials from 12 states denied seeing a rise in sexual assault or rape after granting transsexuals the right to choose which bathroom to use. If anything, Moore should prioritize protecting the safety of his transgender constituents. According to a study published by The Williams Institute, 70 percent of transgender respondents reported being “denied access, verbally harassed or physically assaulted in public restrooms.” Unfortunately, HB2 supporters are not nearly as passionate about combating this phenomenon.
Nationally, HB2 has come under considerable criticism. The American Civil Liberties Union accused the law of being “dangerous” and “unconstitutional” before announcing its decision to sue the North Carolina government. Prominent state officials have also criticized HB2. State Attorney General Roy Cooper (D-NC) dismissed the law as a “national embarrassment” before refusing to defend it against a federal lawsuit filed by LGBTQ activists. Elsewhere, various state governments and private businesses have called for the law’s repeal, some deciding to boycott North Carolina until such an event occurs. Cooper acknowledged the implications of such an event in a letter to McCrory, stating HB2 may “diminish the state’s draw as a destination for tourism, new businesses and economic activity.” While I applaud these actions, I am disappointed that HB2 may ultimately be repealed to preserve the state’s commercial interests. Clearly the law’s revocation is preferable regardless of the motivating factors; however, such an outcome does not protect transgender civil liberties over the long term.
While the Supreme Court’s Obergefell v. Hodges decision is an encouraging sign of the progressive direction our country appears inclined to follow, we should expect additional challenges to LGBTQ rights at the state and local level. In the case of North Carolina, HB2’s repeal would not reconcile the fact that the executive and legislative branches remain apathetic to the needs of the transgender community. Profound change requires a public committed to petitioning the government to expand civil rights protections to encompass the LGBTQ community. As a community, we must continue to petition to our public representatives — state and local — to institute these necessary reforms. As a nation priding itself on providing “liberty and justice for all,” we must ensure these notions are applicable to all our fellow citizens.
Brandon Brooks is an Opinion columnist for The Cavalier Daily. He can be reached at b.brooks@cavalierdaily.com.
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