As many individuals who have been following recent events have seen and for those unfamiliar, North Carolina has passed what is formally known as House Bill Two or what is colloquially known as the “Bathroom Bill”. This bill has banned cities from passing any anti-discrimination law broader than the state anti-discrimination statute. This statute does not include gender identity. This bill was in response to a Charlotte ordinance which sought to allow transgender individuals to use the bathroom of their choice in places of public accommodation.
Fundamentally, despite the fact that it passed by a lopsided majority in the Republican controlled North Carolina legislature, this bill does not in fact represent conservative values. Conservatives frequently and avidly advocate for local control and individual autonomy, the right to be free to make one’s own personal choices without government intervening and thinking that they indeed know what it is better for you. Unfortunately these principles were abandoned due to political expediency.
The Republican controlled Legislature and the Republican Governor passed House Bill Two notwithstanding these two facts. Under traditional conservatism action regarding governmental policy is best placed at the local level where individuals are most actively engaged and familiar with officials and action taken by such individuals. In this case the people of Charlotte elected a City Council which decided that it was necessary to protect transgender persons right to use the restroom of the gender that they identify with. Whether one agrees or disagrees with this policy decision, the law was passed through the local democratic process.
If the residents of Charlotte disapproved of this law they have a number of tools at their disposal including standing for office or electing new council leaders or a new mayor. Instead the state decides to intervene and decides that it knows best for Charlotte and to pass House Bill Two. This action is, in my view, is unprincipled. If one is to support local control of policy matters, they should not simply change their position when a particular issue does not go their way.
Secondly, conservatism supports allowing the individual, not the government, to make decisions regarding one’s personal life. Using the restroom is a deeply private matter; most do not consider it a political one. Allowing individual’s to make choices includes the right to make choices which may displease the government so long as it does not cause another individual harm. Before this matter became a matter of public concern; there has been little news coverage or controversy regarding this matter. Individuals simply used the restroom and everyone moved on with their lives.
Much like the notion of local control, personal autonomy is not a light switch that can be flicked on and off at one’s political liking. One ought to remain principled and follow their principles to their logical conclusions. Thus, although this bill was passed by a Republican controlled North Carolina Legislature, it is not “conservative” in any real sense of the term. This bill is not what the Republican Party stands for, but instead embodies the very notions that they stand against.
