A primer on HB2 and why it’s not going away

Anti-HB2 signs left in the doorway of NC Senate leader Phil Berger

Anti-HB2 signs left in the doorway of NC Senate leader Phil Berger after a rally to oppose the law.

On March 23, the North Carolina General Assembly met in special session to pass House Bill 2, or what would become known as the transgender bathroom law.

The outrage was immediate, as it should have been. Transgender people are being forced to use the bathroom assigned to the gender that they no longer identify with.

If you think you don’t know anyone who is transgender, you probably just don’t know who was born with a penis and who was not. You’ve been peeing with them for a long time, I assure you.

The media went wild with news of the bathroom bill. Companies, sports events, entertainers and tourists pledged to boycott North Carolina, costing the state tens of millions of dollars. That fueled even more media attention about this awful bathroom bill.

Except it isn’t a bathroom bill any more than the motorcycle bill of three years ago was about motorcycles (in case you don’t recall, that “motorcycle safety” law is chock full of restrictions on women’s reproductive rights).

Sure, Article One is all about hating transgender people and denying them the right to use the appropriate bathroom, and that’s just wrong on every level.

But read on.

The law goes on to deny people in North Carolina the right to sue for discrimination in state courts. Instead, we’re supposed to go to federal court, which is much more expensive, likely much farther away and has only one-sixth the statute of limitations (six months versus three years). Most people can’t do that.

The law also takes away the power of local governments to set their own discrimination policies or minimum wage. This, of course, helps keep people in poverty so those in power can criticize them as lazy.

But the bathroom part of the law is what’s making headlines and it has fired up the ultra-conservative base.

And this is exactly what the thugs in power planned.

The furor over the clearly unconstitutional bathroom part of the law has drawn attention away from the rest of the law, which is just as egregious.

The US Justice Department has informed the state that this piece of the bill is a violation of US Civil Rights Law. The state can fight that, and if it does, here’s what “leaders” are hoping for:

With a Republican candidate the base isn’t willing to support, the NC GOP puts the bathroom piece of the law on the November ballot. This will bring out their base, who may or may not vote for president, but will vote down-ticket for Richard Burr, Gov. McCrory, Republican candidates for Congress and these very legislators who crafted HB2.

Like Amendment One, which enshrined hatred into the state Constitution, they know this piece of the law is unconstitutional and will be overturned.

But they have what they want: Republicans elected and the rest of the law intact.

Even if they don’t fight the Justice Department decision, the NC GOP has most of what it wants because law has a clause that states if part of it is overturned or repealed, the rest survives.

And there you have it. HB2 is a naked power grab, fueled by hate and written by thugs.

Meanwhile, suicide hotlines are reporting an increase in the number of calls from transgender people. People are being dragged out of bathrooms because they’re not masculine or feminine enough to satisfy some bigot. Men are going into the women’s bathrooms at Target to check on people and “protect” women.

The worst part is that a majority of people who voted for this law are running unopposed for their seats this fall.

In other words, we’re likely to see a return of the thugs to power because no one wanted to get involved and run against them. We have the government we deserve.

 

I’ll decide when I need your “protection”

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In Raleigh yesterday, more than 1,000 of us gathered to let the General Assembly and the governor know we do not approve of what I call Hate Bill 2, also known as the “Bathroom Bill.”

At least as many gathered behind the General Assembly Building to support it.

But a look at the two gatherings showed stark differences. The first was in the diversity of the crowds. The pro-bill folks were overwhelmingly white and mostly older. The anti-HB2 crowd was young and old, black, brown and white, gay and straight, male, female, gender-noncomforming, people of all faiths and people who have no professed religion.

We sang freedom songs, they sang Christian songs, the meanings of which they obviously didn’t understand.

Since I am a Christian, I can speak for what I believe, and I believe that Jesus, the leader whom I profess to follow, spoke not of hate and not even of tolerance; he spoke of love. He spoke of not judging others, and of standing up for “the least of these.”

The pro-HB2 crowd carried signs that claimed they want to protect women, but I don’t need or want their brand of protection. I can take care of my own protection, especially when you think you ought to “protect” me without my permission.

I am an adult. I will make my own decisions — including the decision of when and where to ask for anyone’s protection.

I have never felt threatened in a public bathroom, but I was not safe at my own grandfather’s house. Does this mean all grandfathers should be denied the chance to be alone with their granddaughters. Of course not; that would be absurd. And so is this law.

There are no incidences on record of a transgender person assaulting someone in a bathroom. In fact, most of them likely will tell you they often feel threatened. They certainly are far more likely to be harmed by cis-gender people in a public bathroom than they are to harm anyone.

They just want to go into a stall, close the door and do what they came to do.

The real problem is that the law has little to do with bathrooms; it is about a power grab, about denying local governments the ability to set their own policies, and about denying everyone the right to sue for discrimination in state courts.

We stood in Raleigh yesterday to demand repeal of the entire law, and then we sat down in the General Assembly Building to wait to be heard.

Of course, our legislative leaders had no desire to hear what we had to say, and instead of meeting with us had more than 50 of our people arrested.

We are not going away. We are not giving up. We are seeking justice for our LGBTQ brothers and sisters, and we will not stop until we get it