As a transplant from North Carolina, I’m bombarded with news about my state that can be extremely positive or horrifyingly negative. This past week, I basked in the glory of our own Tarheels making it to the NCAA Final Four. However, in the weeks prior, I shuddered in horror as my Facebook feed was flooded with articles, from Carolinians and non-Carolinians alike, about the troubling new law forced through during an “emergency” session in the state legislature.
Pat McCrory recently signed HB2 into law, stipulating that, among other things, people (transgender people in particular) must use the bathroom that corresponds with their gender on their birth certificate, rather than the one they best identify with. Additionally, the bill mandates state-level legislation takes precedence over municipal-level, thereby inhibiting cities' and counties' abilities to enact their own anti-discrimination ordinances.
Not only is this law completely antithetical to the progressive, human rights-oriented path the country ought to be on, but the nuances of the bill create tangible harms extending beyond simply being incredibly problematic.
The numerous implications are already becoming manifest. First, the obvious effect is that discrimination is now legally endorsed. Transgender men and women who don’t have the legal funds, or perhaps even just the desire, to change their birth certificates are precluded from using the bathroom that adheres best to their identity.
This will, therefore, mandate that trans men use the women’s bathroom, which is arguably more disconcerting than their using the men’s bathroom if we want to adhere to a patriarchal fear-mongering framework. And, more generally, it means that we reject individuals' autonomy in determining their own identity, and encourage political involvement in something that should be left in the personal domain. Moreover, any individual — whether they be trans, LGBTQ+, or any other minority — has lost the ability to petition to courts if they are fired or discriminated against due to their identity. In that vein, cities and counties cannot pass their own anti-discrimination measures, for literally no reason save for the state legislature’s agenda.
While the state has never really been proactive in offering protections for its workers, HB2 only solidifies and legitimizes this discrimination.
Moreover, the local economy of North Carolina is poised to suffer, as businesses are quick to disassociate themselves with such regressive policies. While it is too soon to comprehensively measure the economic effects on the state, the state has certainly suffered, as businesses report diminished tourism spending. Likewise, multiple businesses have announced that they will scrap plans to build operations centers in the state’s cities, costing hundreds of jobs. The future bodes dim for North Carolinians; Indianapolis, upon the passage of a similar law last year, incurred economic losses of up to $60 million. Similarly, HB2 restricts municipality’s abilities to set their own minimum wage, thus inhibiting their agency to implement policies that fit their local economies best.
Indeed, Bruce Springsteen has canceled his North Carolina concert, citing “human rights.” There are obvious economic implications to cancellations like this; but at the end of the day, it’s just embarrassing.
However, the implications of this bill extend far beyond simply being discriminatory and making life hell for North Carolina’s LGBTQ+ population. Since the federal Title IX law — which, naturally, all states must adhere to — prohibits discrimination in school programs, there exists the potential for HB2 to block the flow of hundreds of millions of federal education dollars that greatly benefit North Carolina’s school systems, including colleges and universities.
As a state that already boasts a dismal track record when it comes to education funding and protecting their teachers, it’s only a further slap in the face that Pat McCrory and the state government are willing to jeopardize the education of North Carolina’s citizens simply to promulgate their transphobic agenda. This will affect university students including the prestigious UNC school system, as well as young children in North Carolina just trying to get their education.
I would encourage everyone to oppose this bill simply from the standpoint that it’s backwards, discordant with our fundamental principles of equality, and a poor reflection of the state.
Even if you don’t agree with that, consider the effect it will have on those who aren’t necessarily directly affected by discrimination. If you’re going to codify discrimination into law, at least make sure it isn’t economically disastrous.
North Carolina, you have so much to offer. I only ask that the state government reconsiders undermining our economic and educational future — not to mention our decency and reputation — in order to push their own unfortunate agenda.
