RALEIGH, NC – Senate Leader Phil Berger (R-Rockingham) and House Speaker Tim Moore (R-Cleveland) announced Tuesday evening they’ve agreed in principle to a proposal Gov. Roy Cooper made last Thursday that would repeal House Bill 2, while protecting bathroom safety and privacy.
The governor’s proposal:
- Repeals HB2;
- Guarantees privacy in bathrooms and shower facilities by leaving regulation of multi-occupancy facilities to the state, returning to the status quo prior to passage of Charlotte’s bathroom ordinance that women and girls should not have to share bathrooms with men;
- Authorizes local governments to pass employment and accommodation non-discrimination ordinances, provided they are consistent with federal employment and accommodation non-discrimination law; and
- Protects the rights of conscience by allowing citizens to collect court costs and attorney fees if they successfully pursue legal action proving a violation of their constitutional rights, as protected by Article I Section 13 of the North Carolina Constitution and the First Amendment.
“We believe the four points in Gov. Cooper’s compromise proposal represent a path forward by repealing House Bill 2, protecting citizens’ privacy in bathrooms and changing rooms, authorizing local governments to adopt anti-discrimination ordinances consistent with federal law, and providing legal protections for violations of constitutional rights of conscience. We believe if the governor can get Democratic legislators to support the principles outlined in his proposal, we can pass a bipartisan bill that will put the distraction of HB2 behind us once and for all,” said Berger and Moore.
Governor Roy Cooper issued the following statement following Berger and Moore’s announcement:
“It’s frustrating that Republican leaders are more interested in political stunts than negotiating a compromise to repeal HB2. While Governor Cooper continues to work for a compromise, there are still issues to be worked out, and Republican leaders’ insistence on including an Indiana-style RFRA provision remains a deal-breaker. Any compromise must work to end discrimination, repair our reputation, and bring back jobs and sports, and a RFRA is proven to do just the opposite.”
The ACLU and Lambda Legal also issued a response to “denounce the last-minute HB2 proposal.”
In a release sent Tuesday night, representatives from the two groups said the following:
“Legislative leaders need to stop floating bad proposals that would keep discrimination in state law instead of fully repealing HB2,” said Sarah Gillooly, Policy Director for the ACLU of North Carolina. “The answer all along has been a clean repeal of HB2. Tonight legislative leaders have made one thing clear: they will do everything possible to prevent LGBT people from receiving equal protection under the law.”
“North Carolina lawmakers need to stop playing around and get serious about repealing HB2,” said Simone Bell, Southern Regional Director for Lambda Legal. “It’s now become a game of he said-he said, but they cannot pass the buck on this. The NCAA has given the legislators a deadline and they can’t continue to hide the ball. We have not seen the language of the bill, but what we heard at the press conference sounds like it still allows discrimination against transgender people. North Carolina deserves better than this: Repeal HB2 and replace it with a real non-discrimination bill that recognizes the contributions LGBT North Carolinians make to this state.”
