After briefly flirting with the idea of repealing the state’s most homophobic law, Republican lawmakers in North Carolina have decided that, actually, on second thought, never mind, they’re going to keep the law that cost them the governorship and millions and millions of dollars, sparked countless boycotts and lawsuits, and made them the laughing stock of America earlier this year.
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HB2 (aka The Bathroom Bill), which was passed by state Republicans and signed into law by Gov. Pat McCrory back in March, voided all legal protections for LGBTQ people statewide and policed which bathrooms trans people were allowed to use. After it became law, a huge backlash ensued, and lawmakers have been scrambling to figure out how to deal with it ever since.
Well, this week they announced they were going to hold a one-day special session to finally repeal the law, but after more than nine hours of closed-door meetings yesterday, they were unable to figure out how to do so. Apparently simply hitting the “undo” button is challenging for some Republicans.
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“We came here to solve a problem that apparently nobody had any clear idea as to how it was going to be solved,” Senator Daniel T. Blue Jr., the chamber’s Democratic leader, said after the meeting ended. “It’s one thing if, during the regular session, we waste time and do this kind of stuff.”
Apparently within the first few minutes of the meeting, Republican lawmakers attempted to declare the special session unconstitutional. When that didn’t work, they tried to adjourn early. When that didn’t work, they tried saying OK, OK, fine, they’ll repeal the law, but no new anti-discrimination ordinances expanding protections for LGBTQ people can be passed by any local governments. And when that didn’t work, everyone just threw their hands up and left.
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In the end, nothing really changed. North Carolina still has its law banning non-discrimination ordinances. Transgender people must still use public bathrooms, locker rooms, et cetera of the gender on their birth certificate, and local municipalities are still forbidden from passing LGBTQ protections.
Xzamistletoe
I’m ignorant on these sorts of things, but can’t this go to SCOTUS level and be struck down as unconstitutional?
GayEGO
Since Cooper won the election, he should be able to nullify anything McCrory has done in his attempt to stop Cooper and the HB2 bill should be tossed as it is unconstitutional.
DarkZephyr
@Xzamistletoe: let’s hope it does so soon, before Trump puts his finger print on SCOTUS.
@GayEGO: but didn’t the GOP greatly reduce his power?
Daniel-Reader
Can you imagine being the child or grandchild of a politician who sacrifices the human rights of so many other people’s family members? To know that your parent has harmed millions and millions of other people’s families?
dwes09
@Daniel-Reader: The right does not see it that way. They see it as “protecting the family” and “protecting the children.” Among so many on the right the only ones who matter are those who think and act and believe like them (and ho usually look like them). Thus one HAS to say Merry Christmas or be in a war against it, one HAS to appeal to “Almighty God” if running for office, one has to oppose “amoral lifestyles” (and their “activist agenda” of protection under the Bill of Rights) and “protect innocent life” (which only means the fetus or the very young born to those who are not poor…since the poor need to “learn to keep their legs closed”).
So unless the children defect to the progressive side they will feel their parents or grandparents were on God’s side.
SnorlaxationKH
Whatever. NC can go the way of Mississippi, Florida, and Georgia, as places where everyone just expects the worst from, and no one is really surprised.
They’ve lost out on so much money you’d think they would’ve decided to be smart about this, but I guess not. They’ll just continue to miss out on more.
DMRX
@Xzamistletoe: Yep. You’re definitely “ignorant on these sorts of things.”
See the 10th amendment to the Constitution.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
To put it in simpler terms for you: Because this state law is not specifically prohibited by the Constitution, it is legal in the state that passed it.
DMRX
Thank you, writer Graham Gregory, for finally getting your facts correct.
Kangol
@GayEGO: But the GOP just passed laws blunting Cooper’s power, and so much depends upon what sorts of executive powers North Carolina’s constitution gives its governor over the legislature.
dwes09
@DMRX: However the 14th amendment says: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
So the constitution clearly prohibits the stares from condoning or legislating discrimination against others. This is especially important for the protection of suspect classes, and lgbt people are federally recognized as such. It is not within the states purview to make it legal to discriminate, which is the purpose of these various “religious freedom” laws and bathroom laws.
Xzamistletoe
@DMRX: Thanks for the condescending correction, while also ironically getting the author’s name wrong.