Three ways HB2 might be struck down

The Republican controlled House and Senate in North Carolina passed the anti-LGBT House Bill 2 (HB2), which Gov. Pat McCrory quickly signed and the national media attention and economic fallout quickly followed. Chances are this discriminatory bill will eventually go the way of Amendment One. Here are three ways HB2 might become history.

Legal challenge to HB2

The ACLU, Equality NC and Lambda Legal have filed a lawsuit challenging the bill, citing the Equal Protection Clause and Title IX.

The Equal Protection Clause of the Fourteenth Amendment to the Constitution. It states:

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“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.”

Title IX of the Civil Rights Act of 1964 prohibits discrimination, among other things, on the basis of sex in public schools and colleges. HB2 requires public schools and universities to force transgender individuals to use the bathrooms and locker rooms that corresponds with the gender on their birth certificate and not with their gender identity. It also overrides LGBT non-discrimination ordinances.

Repealing HB2

Opponents are also calling on Gov. McCrory to repeal HB2, although he has so far defended his decision to sign it into law. Voters in November will have a chance to choose between McCrory and his Democratic opponent, Attorney General Roy Cooper. Cooper has spoken out against the bill and has said he will not defend it in court. It is possible that the controversy over HB2 could launch Cooper into office, especially as the economic impacts continue to pile up.

Federal override of HB2

It is also possible that the federal government could override HB2, and all other such legislation throughout the country, by passing a bill such as the Equality Act of 2015, which would amend the Civil Rights Act of 1964 to include protections that ban discrimination on the basis of sexual orientation, gender identity and sex in the areas of employment, housing, public accommodations, public education, federal funding, credit and the jury system.

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Time will tell what happens next, but until then we can guess at which is most likely to occur. Vote in our poll below.

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Posted by Jeff Taylor / Social Media Editor

Jeff Taylor is a journalist and artist. In addition to QNotes, his work has appeared in publications such The Charlotte Observer, Creative Loafing Charlotte, Inside Lacrosse, and McSweeney’s Internet Tendency. He graduated from the State University of New York at Brockport and has lived in Charlotte since 2006.@jefftaylorhuman.

6 Replies to “Three ways HB2 might be struck down”

  1. The militant anti-gay lobby’s grip on the NC Leg and Gov are too tight. They will never do the right thing and repeal the law, unless you vote them out which I don’t see happening. This evil law will be struck down by the courts.

  2. John E. Baker, III April 9, 2016 at 5:06 pm

    I chose Federal Override… True: It’ll probably take a bit longer, but doing so would also strike down any of the other arrogant, overblown, illegal and unconstitutional laws passed by desparate legislatures who THINK THEY CAN GET AWAY WITH IT!

    I don’t want them limping away from the field… I want EMTs to carry them away on stretchers!

  3. Anthony Branch April 9, 2016 at 6:15 pm

    Don’t forget please about Mississippi that now has an even more draconian antigay law than NC’s. Unlike North Carolina, Mississippi has precious few businesses that one could effectively boycott. The largest industry in the state is shipbuilding on the Gulf, much of it for the federal Navy..

    Right now there is a petition on the We the People portion of the whitehouse.gov website that calls upon the Obama Administration to rescind a $600+ million plus contract with the leading shipbuilding company, Go to:

    https://petitions.whitehouse.gov/petition/rescind-navy-contract-ingalls-shipbuilding-due-state-senate-bill-1523-legalizing-denial-necessities

    There are shamefully less than 400 signatures on this and we need several thousand for the Administration to take notice. Please sign and let your friends know!

  4. I think the best way to get rid of this thiong is to have it STRICTLY enforced. If I read it correctly it prohibits anyone born male from entering the female restrooms or locker rooms and prohibits females from entering the mens facilities.

    It does not specify the age and by saying birth sex it implies from day 1.

    How many soccer moms and dads do you think getting arrested for taking their opposite sex child into the restroom to get this repealed?? Not many….those teapartiers are no match for the stroller patrol.

    1. Jeff Taylor / Social Media Editor April 11, 2016 at 5:44 pm

      There was an amendment added to the bill which allows parents to take their opposite gender children into the bathroom with them so long as they are seven or younger.

  5. Anthony Branch April 11, 2016 at 6:52 pm

    I wouldn’t be surprised if exterior economic forces end up causing the repeal or at least modification of the NC law. I understand that a travel ban will soon be passed in California (which has far more state employees than any other state). Add that to NY, MN, and Vermont and the many cities (including Atlanta) that have bans in place! How many national conventions will be scheduled in NC??

    Now, sad, Mississippi which never had many conventions is another matter.

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