“North Carolina’s HB 2 law is blatantly unconstitutional and violates federal civil rights law,” said HRC President Chad Griffin. “The Department of Justice has already been clear that it violates the civil rights of North Carolinians. The idea Governor Pat McCrory is going to waste even more time and millions more taxpayer dollars defending it is reckless and wrong. HB 2 is a vile law attacking transgender North Carolinians and leaves many more unprotected from discrimination. Rather than defending it, Governor McCrory should be working with state lawmakers to fix the mess he’s created.”
“The lawsuit that was filed today is just another tactic to delay a decision and is a continued waste of taxpayer dollars when it is already very clear that the only option is a full repeal of HB 2,” said Equality NC Executive Director Chris Sgro. “The 4th circuit court has already provided guidance on this and continued litigation by the state is simply wasteful. The state house and senate must fully repeal HB2 with Governor McCrory’s leadership.”
North Carolina has already lost more than a half billion dollars – and counting – in economic activity just from companies canceling or reconsidering plans to come to the state, and in cancelled conventions, concerts, and other lost tourism dollars. That doesn’t even include potential economic development that now just won’t happen in North Carolina because of HB2’s discriminatory provisions, or the potential catastrophic loss of federal funding for schools, roads, bridges, and other essential services.
The U.S. Department of Justice determined North Carolina’s discriminatory HB 2 violates federal civil rights law — including Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972 — and gave McCrory and state officials until today to address the situation “by confirming that the State will not comply with or implement HB 2.”
HB 2 has eliminated existing municipal non-discrimination protections for LGBT people and prevents such protections from being passed by cities in the future. The legislation also forces transgender students in public schools to use restrooms and other facilities inconsistent with their gender identity, putting 4.5 billion dollars in federal education funding at risk. It also compels the same type of discrimination against transgender people to take place in publicly-owned buildings, including in public universities, convention centres, and airports. It also eliminated the ability of North Carolinians to be able to sue if they experienced discrimination in the workforce, including on the basis of race, religion, national origin and sex. Lawmakers passed the legislation in a hurried, single-day session, and Governor McCrory quickly signed it into law in the dead of night.
North Carolina has the unfortunate distinction of becoming the first state in the country to enact a law attacking transgender students, even after similar proposals were rejected across the country this year — including a high-profile veto by the Republican Governor Dennis Daugaard of South Dakota.