The media "jumping" feet first into its 'toilet' of what used to be called journalism
and honest reporting. Local and national newspapers knew the narrative they
would report omitting the factual history of this issue, going back further than
the ordinance Charlotte passed.
The following provides a detail history of NC was, Charlotte's action, the states
response, and the legal authority it used to overrule the ordinance.
With respect to employment discrimination, HB2 clarifies the state’s existing policy
BY JOHN L. RUSTIN
John Rustin is president of the N.C. Family Policy Council.
The propaganda campaign about House Bill 2 has reached a fevered pitch, and the media have been complicit in fueling hysteria and gross misrepresentations about the bill. The truth is that HB2 made very few substantive changes to North Carolina law. In fact, the policy of the state with respect to bathrooms, employment and most other matters did not change one iota when the bill was passed.
In a March 29 blog post on its website, the ACLU–North Carolina exclaims, “North Carolina’s lawmakers passed and Gov. Pat McCrory signed the most egregious, sweeping, hate-filled anti-LGBT legislation in this country’s history. Overnight, Governor McCrory and lawmakers transformed North Carolina into one of the most hateful states in the nation for LGBT people.”
This is outrageous! Quite the contrary, HB2 was passed to rein in a rogue city council in Charlotte that acted beyond its legal authority, to establish a statewide bathroom privacy and safety law clarifying existing state policy and to enumerate existing state policy as it relates to discrimination in employment and public accommodations.
With respect to governmental authority, North Carolina is known as a “Dillon’s Rule” state, meaning city and county governments derive their legal authority from the N.C. Constitution and acts passed by the state legislature. This doctrine has the benefit of preventing a patchwork of conflicting ordinances across the state.
On Feb. 22, the Charlotte City Council approved a set of radical ordinance changes that would have added “sexual orientation” and “gender identity” as legally protected classifications to several sections of the city code. The N.C. General Assembly has never authorized these classifications for use by the state or by local governments, and these terms do not exist in the State Constitution or state nondiscrimination laws. House Bill 2 reined in the Charlotte City Council for its attempted overreach.
With respect to bathrooms, many people do not realize that Charlotte has had a policy in place for over 30 years that expressly directs that, “restrooms, shower rooms, bathhouses and similar facilities” are “in their nature distinctly private” and should remain separate based on the sex of the user. On Feb. 22, the Charlotte City Council voted to repeal this separate-sex bathroom ordinance, which would have allowed men to enter women’s restrooms, shower rooms, bathhouses and changing rooms throughout the city, placing women, children, the elderly and other citizens at great risk of personal privacy violations, unwarranted exposure to individuals of the opposite sex and sexual assault.
Charlotte council was warned
Despite numerous warnings from state leaders, the Charlotte City Council moved ahead with its radical policy change, and the General Assembly was forced to act. HB2 established a statewide bathroom privacy and safety standard that authorizes individuals to use multiple occupancy bathrooms and changing facilities that correspond to their biological sex as designated on their birth certificates.
HB2 makes accommodation for the use of single-occupancy bathrooms and changing facilities “upon a person’s request due to special circumstances,” and existing state law allows individuals who have undergone sex reassignment surgery to change the sex designation on their birth certificates. Furthermore, the bill does not affect the ability of private businesses and nonprofit organizations to set their own policies.
With respect to employment discrimination, HB2 clarifies the state’s existing policy. The classifications recognized for these protections include race, religion, color, national origin, age, biological sex and handicap. These classifications are practically identical to those recognized in federal employment law, and according to a map on the ACLU’s own website, North Carolina is one of 28 states that do not recognize “sexual orientation” and/or “gender identity” as legally protected classifications in state employment non-discrimination laws. HB2 does not affect the ability of private businesses and nonprofit organizations to set their own policies.
With respect to public accommodations, HB2 also codifies the state’s policy. The classifications recognized for these protections include race, religion, color, national origin and biological sex. Once again, these classifications are practically identical to those recognized in federal public accommodation law. North Carolina is one of the 29 states that do not include “sexual orientation” and/or “gender identity” in statewide public accommodation laws.
To claim that House Bill 2 is “the most egregious, sweeping, hate-filled anti-LGBT legislation in this country’s history” is just plain old-fashioned propaganda. Opponents of House Bill 2 are mad that the Charlotte City Council was rebuked for its overreach of legal authority. They are mad that HB2 pre-empts their efforts to open public bathrooms and showers to individuals of either sex. And they are mad that HB2 curtailed their efforts to impose a radical social policy of unbridled sexual license on our state. Unfortunately, the media are propagating the smear campaign, and many levelheaded citizens have been confused and misled by it.
John Rustin is president of the N.C. Family Policy Council.
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