Gov. Executive Order to Change Parts of HB 2
Executive Order 93 keeps the controversial bathroom ban that legislates which restrooms and locker rooms transgender citizens can use in government buildings and schools.
The executive order expands the employment policy for state workers to include sexual orientation and gender identity.
It also asks the legislature to bring back people’s right to sue for discrimination in state court.
“These actions will not totally satisfy everyone,” said Gov. McCrory.
His announcement was met with watchful eyes of the LGBT community, states banning travel and corporations threatening to leave. Each group has called HB 2 discriminatory.
“After listening to people’s feedback for the past several weeks on this issue, I have come to the conclusion that there is a great deal of misinformation, misinterpretation, confusion, a lot of passion and frankly, selective outrage and hypocrisy,” said Gov. McCrory.
Employment attorney Mathew Flatow argues the part of the governor’s order that affects is everyone is his request for lawmakers to give back your right to sue for discrimination on the state level.
“When you rush very complicated legislation in a day that is addressing laws that have been in place for 30 years, there’s going to be consequences,” said Flatow. “I think they’re realizing that, no, these laws have a reason. They protect more people than they hurt.”
The Charlotte Chamber wrote in part:
“We strongly encourage the leadership and members of the General Assembly to take quick action to the Governor’s call to ensure citizens have the right to pursue claims of discrimination at the state level.”
One of the bill’s lead critics, Equality NC is pleased with Gov. McCrory’s order to expand the non-discrimination policy for state employees to cover sexual orientation and gender identity.
“Our group, along with others, have worked for decades to do that,” said Equality NC’s Matt Hirschy. “So, I’m glad he found time to do it.”
“Historic to include LGBT protections for state employees,” said Charlotte Mayor Jennifer Roberts. “Look forward to more dialogue.”
However, Equality NC is still suing the state, arguing the law violates the constitution as well as the federal education law.
“This law is deeply discriminatory against trans folks working,” said Hirschy. “It is also deeply discriminatory against working-class people.”
The American Civil Liberties Union is suing on behalf of Equality NC, Lambda Legal and three individuals.
ACLU says the complaint argues that HB 2 is unconstitutional because it violates the Equal Protection and Due Process clauses of the Fourteenth
Amendment by discriminating on the basis of sex and sexual orientation and invading the privacy of transgender people.
The law also violates Title IX by discriminating against students and school employees on the basis of sex.
More than 100 businesses threatening to leave the state haven’t commented on the governor’s order.
WCCB Charlotte reached out to supporters of HB 2. The Alliance Defending Freedom and North Carolina Values Coalition didn’t not respond.
HB 2 Author Dan Bishop did not return calls to comment on the governor’s order.