When the Public Facilities Privacy & Security Act, commonly referred to as House Bill 2, was passed in North Carolina earlier this year, our American political culture was deeply divided. The law prevents people from using the restroom of the gender with which they identify, and instead forces them to use the restroom denoted for the sex that was biologically assigned to them at birth and is featured on their birth certificate. The law is inherently problematic and not only lacks the “common sense” that those in support of its passing attest to it possessing, but also serves to harm a community of people and deny them of their freedom.
Over the past couple of weeks, I have received notifications on my phone from news outlets such as CNN and The New York Times, updating the public on not only the federal government’s response to House Bill 2, but also the responses of public figures. Despite the continuance of overwhelming responses from well-known figures opposed to the law, North Carolina maintains that the state is acting out of concern for the public. However, North Carolina as a state is largely divided on the law, numerous cities not in support of it, and the residents agreeing that the passing of the law has done harm to the state’s image and economy.
Our political script is failing miserably and the passing of House Bill 2 only further proves that change needs to occur within our culture. Two of the languages of our American political culture include liberalism; “the individual” and republicanism; “the community.” Under the oppressive reign of House Bill 2, both of these languages suffer. Liberalism suffers because given that the liberalism means that the individual is the unit of measurement that determines the success or failure of that political community, the LGBTQ+ community in North Carolina and in a broader context is at risk. Historically, the Declaration of Independence helps us to understand how liberalism became the cornerstone for American political culture because when American colonists were oppressed by the parliament and King George and wanted a voice in parliament, they determined that it was their natural right to gain absolute freedom to better preserve the self. In that way, the LGBTQ+ community, through activism and protesting, has the right to fight back in an effort to seek self-preservation and safety from the discriminatory law.
Likewise, republicanism is the notion that the community is the measure of the success or failure of a political community. It is characterized by the idea that positive liberty, or freedom, can be achieved through government intervention. In historical instances such as the Violence Against Women Act in 1995, the government had to step in to preserve the lives of women and children. Recently, the Obama Administration has continuously made efforts to issue guidance on transgender restroom policies. On May 13, the Obama Administration made concentrated efforts to aid in allowing transgender students in public schools to use the restroom that they feel comfortable using, according to CNN. Nonetheless, government intervention has not successfully resulted in achieving positive liberty for the LGBTQ+ community and therefore, the political community has failed.
Steps must continue to be taken in order to secure the freedom of all individuals who seek to use the restroom that they feel comfortable using. While the government and state’s roles are significant in achieving that positive liberty, the public also has a responsibility to press down on the states that are implementing negative and discriminatory laws. Many people do not realize that the power lies within the public’s cooperation and that is not to say that I am advocating violence, but we must all unify if we hope to achieve a deep solidarity with the people of the LGBTQ+ community who are affected by the law.
