In recent news, the NBA (National Basketball Association) has decided to pull their 2017 All-Star game from Charlotte, North Carolina. The NBA, like Bruce Springsteen, Ringo Starr, Demi Lovato, classic rock group Boston, Maroon 5, Nick Jonas and the Blue Man Group, have cancelled their shows due to a law passed in the state. The law is discriminatory to the LGBT community.
Musical producer Stephen Schwartz will not allow the show "Wicked" to be produced in North Carolina.
The bill that was signed into law was commonly referred to as "The Bathroom" bill. House Bill 2 (HB2) was to legislate public facilities, particularly restrooms mainly on the part of transgender individuals, based on their gender at birth. Under the section 1.2 Article 37 of Chapter 115C of the General Statutes of HB2, under the definition of Biological Sex, it reads "The physical condition of being male or female, which is stated on a person's birth certificate."
This bill that was signed into law on March 23, 2016 has been described as the most anti-LGBT legislation in the Unites States. There is a contentious element of this law that removes anti-discrimination protections for gay, lesbian, bisexual, transgender, intersex and genderqueer individuals, and legislates that while in government buildings, individuals may only use restrooms and changing facilities that correspond to the sex on their birth certificates.
The legislation changes the definition of sex in the state's anti-discrimination law to "the physical condition of being male or female, which is stated on a person's birth certificate." The act also prohibits municipalities in the state of North Carolina from enacting anti-discrimination policies, setting a local minimum wage, regulating child labor or making certain regulations for city workers.
The NBA, NFL, NCAA and ESPN's X GAMES have spoken against the law. The ACC (Atlantic Coast Conference) has stated that it was "committed to its mission of equality and diversity" and in conjunction with our schools, we will continue to monitor all current events to ensure an inclusive and nondiscriminatory environment for all. Michael Jordan, who owns the NBA team the Charlotte Hornets, spoke out against HB2 and he has said that the Charlotte Hornets as well as Hornets Sports & Entertainment are "opposed to discrimination in any form."
The North Carolina Attorney General and the Democratic gubernatorial candidate Roy Cooper stated that HB2 was unconstitutional and that he would not defend it in court, but would defend state agencies against it. The governor Patrick McCrory has criticized his decision.
The American Civil Liberties Union of North Carolina, Lambda Legal, and Equality North Carolina filed suit on March 28, 2016. Their lawsuit challenges HB2 in the U.S. District Court for the Middle District of North Carolina.
A three-judge panel on April 19, 2016 for the Fourth Circuit Court of Appeals has ruled in favor of transgender high school student Gavin Grimm (G.G. v. Gloucester County School Board). The ruling upheld the Department of Education's interpretation that Title IX's prohibition against discrimination on the basis of sex should be read broadly to include discrimination on the basis of identity.
Does HB2 affect the rights of people who are not gay or transgender? The answer is yes. This law limits how people pursue claims of discrimination because of race, religion, color, national origin, biological sex -- more handicap in state courts. This law also means a city or county cannot set a minimum wage standard for private employers.
North Carolina is an "at will" employment state and offers very limited protection for all of its workers. State law has never included protections for workers of the LGBT community. The language that is structured in HB2 makes it even more clear that the state does not intend to create a new class of protections that are based on sexual orientation or identity. Also, it will not allow cities and counties to create such a protected class. In short, a person can lose their employment in North Carolina if they are gay or transgendered.
