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The '''Public Facilities Privacy & Security Act''', officially called '''An act to provide for single-sex multiple occupancy bathroom and changing facilities in schools and public agencies and to create statewide consistency in regulation of employment and public accommodations''' is an act passed in the [[United States|U.S.]] state of [[North Carolina]] in 2016 that prohibits anti-discrimination rules being established except on bases contained in the state's anti-discrimination laws. Because the state's anti-discrimination laws do not include discrimination on the basis of sexuality or gender status, the legislation has been widely described as anti-LGBT.
The '''Public Facilities Privacy & Security Act''', officially called '''An act to provide for single-sex multiple occupancy bathroom and changing facilities in schools and public agencies and to create statewide consistency in regulation of employment and public accommodations''' is an act passed in the [[United States|U.S.]] state of [[North Carolina]] in 2016 that prohibits anti-discrimination rules being established except on bases contained in the state's anti-discrimination laws. Because the state's anti-discrimination laws do not include discrimination on the basis of sexuality or gender status, the legislation has been widely described as anti-LGBT.{{bywhom}}


The act also prohibits the establishment of a minimum wage above the state minimum, and limits the definition of [[sex]] to [[biological sex|the sex at birth]], forcing all government-controlled facilities to maintain single-sex bathrooms for matching biological sex only. The legislation also states that there can be no statutory or common law private right of action to enforce the state's anti-discrimination statutes in the state courts.<ref name="hb2" /><ref>{{cite web|url=http://talkingpointsmemo.com/edblog/north-carolina-anti-lgbt-bill|title=What Just Happened In North Carolina?|work=TPM|accessdate=27 March 2016}}</ref><ref name="North Carolina Passes Law Blocking Measures To Protect LGBT People">{{cite web|url=http://www.npr.org/sections/thetwo-way/2016/03/24/471700323/north-carolina-passes-law-blocking-measures-to-protect-lgbt-people|title=North Carolina LGBT Law: State Blocks Anti-Discrimination Measures : The Two-Way : NPR|date=24 March 2016|work=NPR.org|accessdate=27 March 2016}}</ref>
The act also prohibits the establishment of a minimum wage above the state minimum, and limits the definition of [[sex]] to [[biological sex|the sex at birth]], forcing all government-controlled facilities to maintain single-sex bathrooms for matching biological sex only. The legislation also states that there can be no statutory or common law private right of action to enforce the state's anti-discrimination statutes in the state courts.<ref name="hb2" /><ref>{{cite web|url=http://talkingpointsmemo.com/edblog/north-carolina-anti-lgbt-bill|title=What Just Happened In North Carolina?|work=TPM|accessdate=27 March 2016}}</ref><ref name="North Carolina Passes Law Blocking Measures To Protect LGBT People">{{cite web|url=http://www.npr.org/sections/thetwo-way/2016/03/24/471700323/north-carolina-passes-law-blocking-measures-to-protect-lgbt-people|title=North Carolina LGBT Law: State Blocks Anti-Discrimination Measures : The Two-Way : NPR|date=24 March 2016|work=NPR.org|accessdate=27 March 2016}}</ref>

Revision as of 16:05, 8 April 2016

The Public Facilities Privacy & Security Act, officially called An act to provide for single-sex multiple occupancy bathroom and changing facilities in schools and public agencies and to create statewide consistency in regulation of employment and public accommodations is an act passed in the U.S. state of North Carolina in 2016 that prohibits anti-discrimination rules being established except on bases contained in the state's anti-discrimination laws. Because the state's anti-discrimination laws do not include discrimination on the basis of sexuality or gender status, the legislation has been widely described as anti-LGBT.[by whom?]

The act also prohibits the establishment of a minimum wage above the state minimum, and limits the definition of sex to the sex at birth, forcing all government-controlled facilities to maintain single-sex bathrooms for matching biological sex only. The legislation also states that there can be no statutory or common law private right of action to enforce the state's anti-discrimination statutes in the state courts.[1][2][3]

Background

On February 22, 2016, the Charlotte City Council passed, by a 7-4 vote, an amendment with a non-discrimination ordinance prohibiting discrimination on the basis of sexual orientation or gender identity in public accommodations, passenger vehicle for hire, and city contractors. It took effect on April 1, 2016.[4]

Legislative history

On March 23, 2016, North Carolina House of Representatives passed, with 82 voting in favor, 26 voting against, and 11 excused absences, House Bill 2. About three hours later, the North Carolina Senate passed, with a 32 in favor, 11 not voting, and 6 excused absences, HB 2. That same day, HB 2 was signed into law by Governor Pat McCrory.[1]

Response

Political

Governor McCrory applauded the "bipartisan"[citation needed] passage of the Public Facilities Privacy & Security Act, stating the ordinance approved by Charlotte's city council “defied common sense”, and referring to transgender people by their biological sex.[5] This came despite four months prior stating that “transgender identity is a complex issue and is best handled with reason and compassion at the local level.”[6] McCrory has claimed that news outlets critical of House Bill 2 are “distorting the truth” and “smearing our state.”[7][8] In defending House Bill during a press conference, McCrory stated that the law did “not [take] away any rights”,[9] however his interpretation has been widely disputed.[10][9][11][12][13][14]

Roy Cooper, North Carolina Attorney General and the Democratic candidate for the 2016 North Carolina gubernatorial election, expressed his disapproval with the law.[15] Cooper pledged to not defend House Bill 2 in court,[16][17] a decision met with criticism by Governor McCrory.[18]

Local government

On March 26, 2016, the Carrboro Board of Aldermen held its own "special session" and approved a resolution vowing that Carrboro will partner with other local jurisdictions and advocacy groups to take legal action against House Bill 2 and calling the bill “discriminatory and arguably unconstitutional.”[19][20]

On April 5, 2016, the Greensboro City Council passed a resolution against House Bill 2 after more than an hour of heated discussion with a final vote of 8-1. The resolution reads, "“The City of Greensboro City Council reaffirms its support for protecting and advancing the constitutional rights and equitable treatment of all residents."[21]

On April 7, 2016, the Durham City Council unanimously passed a resolution opposing House Bill 2 and calling for its repeal.[22][23]

Federal lawsuit

Carcaño v. McCrory

On March 28, 2016, a federal lawsuit challenging House Bill 2 was filed by the American Civil Liberties Union, the ACLU of North Carolina, Lambda Legal, and Equality North Carolina.[24][25]

Federal government

According to The New York Times, the Obama administration is determining whether House Bill 2 makes the state of North Carolina ineligible for “billions of dollars” in federal funding,[26] although some experts[who?] believe this isn't immediately likely.

Commercial

A number of companies have publicly announced their opposition to the law, including Red Hat, Dow Chemical, Biogen,[27] Wells Fargo, American Airlines, Lowe's, PayPal, Apple, Google, Facebook, Twitter, IBM, Yelp,[28][29] and Salesforce.com.[3][30] On March 29, 2016, an open letter signed by 80 corporate CEOs against House Bill 2 was sent to Governor McCrory.[31]

Some companies have halted or are reconsidering their plans to expand to North Carolina as a result of the passage of House Bill 2. Braeburn Pharmaceuticals is reconsidering their plans to build a US$20 million manufacturing and research facility in Durham County.[32][33] Lionsgate has relocated at least one of their productions out of the state.[32] On April 5, 2016, PayPal announced that they would no longer move forward with their expansion into Charlotte.[34][35]

A&E Networks announced that they'll no longer film productions in North Carolina, and 21st Century Fox is reconsidering filming future productions in the state.[36] Musical composer Stephen Schwartz will not allow Wicked to be produced in North Carolina.[37] Film director Rob Reiner called for a boycott of North Carolina by the entertainment industry and said he would no longer film in the state.[38]

The NBA, NCAA, and ESPN's X Games have also spoken out against the law, with all three organizations reconsidering plans to host future sporting events in North Carolina.[39][40][41][42]

On March 28, 2016, High Point Market, the largest home furnishings trade show in the world and the largest economic event in North Carolina, issued a press release expressing concern for “hundreds and perhaps thousands” of customers boycotting their biannual event in April as a result of House Bill 2.[43][44][45]

Travel bans

As of April 7, 2016, the states of Connecticut,[46] Minnesota,[47] New York,[48] Vermont,[49] and Washington,[50] the District of Columbia,[51][52] the county of Cuyahoga[53] and the cities of Atlanta,[54] Boston,[55] Chicago,[56] New York City,[57][58] Portland,[59] San Francisco,[60] Seattle,[61][62] and West Palm Beach[63] have issued travel bans in response to House Bill 2, barring government employees from non-essential travel to North Carolina.

Press

The Charlotte Observer,[64] The New York Times,[65] The Washington Post,[66] The Chicago Tribune,[citation needed] News & Record,[67] The News & Observer,[68] Asheville Citizen-Times,[69] and The Fayetteville Observer[70] have all condemned House Bill 2.

Public figures

Public figures, including Barack Obama,[71] Hillary Clinton,[72] Caitlyn Jenner,[73] Laverne Cox,[74] Chris Sacca,[75] George Takei,[76] Clay Aiken,[77] and Bernie Sanders,[78] have all publicly denounced House Bill 2.

See also

References

  1. ^ a b "North Carolina General Assembly - House Bill 2 Information/History (2016 Second Extra Session)". ncleg.net. Retrieved 27 March 2016.
  2. ^ "What Just Happened In North Carolina?". TPM. Retrieved 27 March 2016.
  3. ^ a b "North Carolina LGBT Law: State Blocks Anti-Discrimination Measures : The Two-Way : NPR". NPR.org. 24 March 2016. Retrieved 27 March 2016.
  4. ^ "Council approves changes to non-discrimination ordinance". charmeck.org. Retrieved 27 March 2016.
  5. ^ "North Carolina governor signs controversial LGBT bill". CNN. Retrieved 2016-03-31.
  6. ^ "Governor McCrory Will Join South Carolina to Protect States from Federal Overreach in Schools | State of North Carolina: Governor Pat McCrory". Governor.nc.gov. 2015-11-24. Retrieved 2016-04-01.
  7. ^ Shamlian, Janet. "North Carolina Gov. Pat McCrory Calls LGBT Criticism 'Political Theater'". NBC News. Retrieved 2016-04-01.
  8. ^ "McCrory blames 'inaccurate' news stories for backlash against NC LGBT law". The Charlotte Observer. 2016-03-28. Retrieved 2016-04-01.
  9. ^ a b "McCrory blames 'inaccurate' news stories for backlash against NC LGBT law". The Charlotte Observer. 2016-03-28. Retrieved 2016-04-02.
  10. ^ Pat McCrory (2016-03-28). "Pat McCrory is wrong when he says North Carolina's new LGBT law doesn't take away existing rights | PolitiFact North Carolina". Politifact.com. Retrieved 2016-04-02.
  11. ^ Binker, Mark (2016-03-28). "Fact Check: McCrory's "Myths vs Facts" email on HB2". WRAL.com. Retrieved 2016-04-02.
  12. ^ Leslie, Laura (2016-03-24). "Lawmakers make it harder for fired workers to sue". WRAL.com. Retrieved 2016-04-02.
  13. ^ "PolitiFact NC: McCrory wrong about effect of HB2 on cities | News & Observer". Newsobserver.com. Retrieved 2016-04-02.
  14. ^ "Watch LGBT Advocates Insist Governor Meet Trans North Carolinians | Human Rights Campaign". Hrc.org. Retrieved 2016-04-02.
  15. ^ Roy Cooper statement on unprecedented legislation introduced in the special session. youtube.com. 23 March 2016. Retrieved 27 March 2016 – via YouTube.
  16. ^ "NC attorney general refuses to defend state from HB2 legal challenge". The Charlotte Observer. Retrieved 2016-04-01.
  17. ^ "North Carolina AG: Anti-LGBT law a "national embarrassment"". CBS News. Retrieved 2016-04-01.
  18. ^ "Video Message from North Carolina Governor Pat McCrory". YouTube. Retrieved 2016-04-01.
  19. ^ "Carrboro Passes 'Model Resolution' Against HB2, Condemns State Lawmakers". IndyWeek. 2016-03-27.
  20. ^ "Carrboro passes anti-HB2 resolution; Chapel Hill, Durham look to similar measures". Carrboro Herald-Sun. 2016-03-27.
  21. ^ "After long debate, Greensboro council passes resolution opposing HB2". Greensboro News & Record. 2016-04-05.
  22. ^ "Durham City Council calls for House Bill 2's repeal". The News & Observer. 2016-04-07.
  23. ^ "City Council calls for repeal of House Bill 2". Carrboro Herald-Sun. 2016-04-07.
  24. ^ "ACLU and other groups present legal challenge to House Bill 2". The Charlotte Observer. 2016-03-28. Retrieved 2016-04-01.
  25. ^ "ACLU Sues Over Controversial North Carolina Transgender Bathroom Law - ABC News". Abcnews.go.com. 2016-03-28. Retrieved 2016-04-01.
  26. ^ http://www.nytimes.com/2016/04/02/us/politics/north-carolina-anti-discrimination-law-obama-federal-funds.html
  27. ^ Scangos, George A. (2016-03-26). "HB2 will set back NC's image and economy | News & Observer". Newsobserver.com. Retrieved 2016-04-01.
  28. ^ "An Open Letter to States Considering Imposing Discrimination Laws - Yelp". Yelpblog.com. Retrieved 2016-04-01.
  29. ^ "Yelp CEO in Open Letter: Anti-LGBT Religious Refusal Laws Harm States' Economic Health | Human Rights Campaign". Hrc.org. 2015-03-26. Retrieved 2016-04-01.
  30. ^ Janko Roettgers. "Apple, Facebook, Google and Others Speak Out Against Anti-LGBTQ Law - Variety". Variety. Retrieved 27 March 2016.
  31. ^ "Hum,an Rights Campaign Letter" (PDF). Hrc-assets.s3-website-us-east-1.amazonaws.com. Retrieved 2016-04-01.
  32. ^ a b "Companies Reconsidering North Carolina Over LGBT Rights - ABC News". Abcnews.go.com. Retrieved 2016-04-02.
  33. ^ "New Jerseys Braeburn Pharma May Pull Plans for North Carolina Facility Over LGBT Discrimination Law". Biospace.com. 2016-01-04. Retrieved 2016-04-02.
  34. ^ https://www.paypal.com/stories/us/paypal-withdraws-plan-for-charlotte-expansion
  35. ^ http://www.charlotteobserver.com/news/business/article70001502.html
  36. ^ Daniel Holloway (2016-01-28). "Fox, A+E Threaten North Carolina Boycott in Response to Anti-LGBT Law". Variety. Retrieved 2016-04-02.
  37. ^ http://www.charlotteobserver.com/news/politics-government/article69632432.html
  38. ^ Elisha Fieldstadt. "Rob Reiner Calls for Filming Boycott in North Carolina Over 'Anti-LGBT' Law". NBC News. Retrieved 27 March 2016.
  39. ^ "American Airlines, Apple, NBA denounce NC law ending LGBT protections". charlotteobserver. Retrieved 27 March 2016.
  40. ^ Tim Bontemps (25 March 2016). "If North Carolina doesn't change discriminatory LGBT legislation, NBA must move All-Star Game". Washington Post. Retrieved 27 March 2016.
  41. ^ SI Wire (24 March 2016). "NBA: North Carolina anti-LGBT law could impact Charlotte All-Star game". si.com. Retrieved 27 March 2016.
  42. ^ "NCAA's Mark Emmert expressed concerns to North Carolina governor over anti-gay measure". USA TODAY. 26 March 2016. Retrieved 27 March 2016.
  43. ^ High Point Market (2016-03-28). "High Point Market: Press Center". Press.highpointmarket.org. Retrieved 2016-04-01.
  44. ^ "High Point Market says House Bill 2 causing businesses to cancel attendance - Winston-Salem Journal: Local News". Journalnow.com. Retrieved 2016-04-01.
  45. ^ Killian, Joe (2016-03-28). "High Point Market Authority: North Carolina's new law significantly hurts business - Greensboro News & Record: Local Business". Greensboro.com. Retrieved 2016-04-01.
  46. ^ "Connecticut governor bars state travel to North Carolina". ABC 13 News. March 31, 2016.
  47. ^ Moini, Nina (April 2, 2016). "Gov. Dayton Joins Others In Banning Nonessential State Travel To N. Carolina". CBS Minnesota.
  48. ^ "New York bans non-essential state travel to North Carolina". The Charlotte Observer. March 28, 2016.
  49. ^ Stewart, Ali (March 29, 2016). "Vermont governor joins Cuomo in banning unnecessary travel to North Carolina". NEWS10 ABC.
  50. ^ Orenstein, Walker (March 29, 2016). "Washington Governor Bans State Travel to North Carolina". ABC News.
  51. ^ "Ban on travel to the State of North Carolina" (PDF). Localtvwtkr.files.wordpress.com. Retrieved 2016-04-02.
  52. ^ "D.C. mayor bans D.C government employees from traveling to North Carolina". WTKR.com. 2016-03-24. Retrieved 2016-04-02.
  53. ^ "Ohio county bans North Carolina travel after state enacts law blocking gay-rights ordinances". Ohio.com. April 6, 2016.
  54. ^ "Atlanta Mayor Bans City-Employee Travel To NC Over LGBT Law". 90.1 FM WABE. April 5, 2016.
  55. ^ "Boston City Council passes travel ban to North Carolina". The Boston Globe. March 30, 2016.
  56. ^ "Chicago mayor says he plans to poach businesses from North Carolina". WTVD-TV. March 31, 2016.
  57. ^ Nahmias, Laura (March 29, 2016). "New York City instituting non-essential travel ban to North Carolina for city employees". POLITICO New York.
  58. ^ Ngo, Emily (March 29, 2016). "Cuomo, de Blasio ban state and NYC worker travel to N.C." Newsday.
  59. ^ "Portland City Council passes North Carolina travel ban". KGW. March 30, 2016.
  60. ^ Niraj Chokshi (26 March 2016). "San Francisco mayor bars city workers' travel to North Carolina over transgender bathroom law". Washington Post. Retrieved 27 March 2016.
  61. ^ Connelly, Joel (March 28, 2016). "Mayor Murray bans official travel to North Carolina because of anti-gay law". KOMO News.
  62. ^ "The Latest: NY Governor, Seattle Mayor Ban Travel to NC". ABC News. March 28, 2016.
  63. ^ "West Palm Mayor issues North Carolina travel ban after state approves controversial anti-LGBT bill". WPTV-TV. March 28, 2016.
  64. ^ "A governor does right thing – but not ours". The Charlotte Observer. 2016-03-28. Retrieved 2016-04-01.
  65. ^ "Law Makes North Carolina Pioneer in Bigotry". The New York Times. Retrieved 2016-04-01.
  66. ^ "North Carolina's rush to bigotry". The Washington Post. 2012-12-14. Retrieved 2016-04-01.
  67. ^ "Our Opinion: Bad day for our state - Greensboro News & Record: N&R Editorials". Greensboro.com. Retrieved 2016-04-01.
  68. ^ "A shameful law, HB2 hurts all NC | News & Observer". Newsobserver.com. 2016-03-26. Retrieved 2016-04-01.
  69. ^ "Our view: Legislature settles on its devil". Citizen-times.com. 2016-03-24. Retrieved 2016-04-01.
  70. ^ "Our View: Discrimination law actually OKs it in some cases | Editorials". fayobserver.com. 2016-03-24. Retrieved 2016-04-01.
  71. ^ Grindley, Lucas (2016-03-28). "White House: North Carolina's Law Is 'Mean-Spirited'". Advocate.com. Retrieved 2016-04-01.
  72. ^ "Hillary Clinton on Twitter: "What happened in North Carolina is the latest reminder that the fight for LGBT equality is far from over. "". Twitter. 2016-03-26. Retrieved 2016-04-01.
  73. ^ "Caitlyn Jenner on Twitter: "Another day, another time for us to stand together!! Tell @PatMcCroryNC to stop this bill with the link below #NCGA "". Twitter. 2016-03-23. Retrieved 2016-04-01.
  74. ^ "Laverne Cox on Twitter: "I am so disappointed in the governor and legislature of North Carolina. Overturn #HB2. #translivesmatter"". Twitter. 2016-03-24. Retrieved 2016-04-01.
  75. ^ "Chris Sacca on Twitter: "Headed to NC in May to discuss how we could invest more in the state. Now the key words will be "could've invested."". Twitter. 2016-03-23. Retrieved 2016-04-01.
  76. ^ Pulliam, Tim. "Police arrest 5 at protest outside Governor's Mansion". Abc11.com. Retrieved 2016-04-01.
  77. ^ "Clay Aiken on Twitter: "Even conservative sites like @BoldGlobalMedia agree that #HB2 is a disaster for #northcarolina Shame @PatMcCroryNC". Twitter. Retrieved 2016-04-01.
  78. ^ "Bernie Sanders on Twitter: "It's time to end discrimination based on sexual orientation and gender identity. This law has no place in America". Twitter. 2016-03-24. Retrieved 2016-04-01.
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