Seven Things You Should Know About North Carolina’s HB2


1. WHAT YOU MAY HAVE HEARD: North Carolina's HB-2 changed the law to discriminate against LGBT-identified people.

THE REALITY: North Carolina's law did not change with passage of HB2; rather it clarified basic civil rights and freedom for all people.

According to our public policy partner, the North Carolina Family Policy Council, HB2 was passed in order to:

  1. Rein in a rogue city council in Charlotte that acted beyond its legal authority;
  2. Establish a statewide bathroom privacy and safety law codifying existing state policy; and
  3. Enumerate and clarify existing state policy, as it relates to discrimination in employment and public accommodations.

The law listed five categories for civil rights protections: race, religion, color, national origin and biological sex. This mirrors the standard in federal law and a majority of states across the U.S.

2. WHAT YOU MAY HAVE HEARD: North Carolina is checking people's sex before they can use the restroom.

REALITY: HB2 simply requires "that multiple-occupancy public restrooms and changing facilities" in the state be designated for and used by only persons based on their biological sex ― male or female.

In plain English: The law requires men to use restrooms with other men and women to use restrooms with other women. If a public restroom, locker room or dressing room has space for more than one person, then those rooms will be designated for use by only one biological sex ― male or female.

3. YOU MAY HAVE READ: This law overturned a Charlotte city ordinance that protected LGBT-identified people with no harm to others.

REALITY: Yes, HB2 overturned the Charlotte ordinance in order to protect the freedom and rights of all citizens.

The Charlotte ordinance added "sexual orientation, gender expression and gender identity" (SOGI) to its local non-discrimination ordinance ― despite great opposition from its citizens.

Terms, such as "sexual orientation, gender expression and gender identity" are extremely subjective, fluid and ill-defined constructs. Adding them to non-discrimination policies creates many problems and threatens basic freedoms and rights.

"Sexual orientation" includes attractions, identity and behavior. "Gender identity" means the gender a person identifies as ― regardless of their biological sex. SOGI laws elevate these subjective, internal constructs to the same level ― and sometimes above ― freedom of speech and religion. These laws place "gender identity" above privacy and safety. They also are used to dictate what children are taught in schools.

While we love and respect those who identify as homosexual or transgender, we do not believe these characteristics should define people or be the basis for special protections.

4. YOU MAY HAVE HEARD: Religious and conservative people want to take away the rights of LGBT-identified people.

REALITY: God-given rights such as freedom of speech and religion should apply to all people.

North Carolina's HB2 protects all citizens based on standard legal categories of race, religion, color, national origin or biological sex. Whenever new categories, such as "sexual orientation and gender identity," have been added to non-discrimination laws, these laws have then been used to threaten and coerce people of faith.

State-based human rights commissions have used these new categories to threatened free speech: Forcing individuals to use their artistic expression for events they disagree with; threatening large fines for using the wrong pronoun when referring to an individual; and sentencing people to "re-education classes" when they disagree with the state on an issue. Read more about these laws and the problems they cause.

5. YOU MAY HAVE HEARD: SOGI laws don't harm your family.

REALITY: SOGI laws, such as the one the Charlotte City Council passed, affect parents' rights in education.

Schools that teach transgender or homosexual ideology may invoke SOGI laws to validate their actions. Young children then may be taught age-inappropriate, confusing sexual messages, often in direct opposition to parents' religious beliefs. Or, a school might decide, based on a SOGI law, that a boy who thinks he's a girl should be allowed to use the girl's restroom or changing facilities.

6. YOU MAY HAVE HEARD: Experts have debunked the "transgender bathroom myth" that says women and children are threatened by transgender-identified individuals using the restroom.

REALITY: There are a number of cases of men dressed as women ― transgender-identified individuals and sexual predators ― who have perpetrated crimes against women and children.

We want to be clear ― most transgender-identified individuals are not perpetrators of crimes against women and children. But the "transgender umbrella" goes beyond men and women who quietly "transition" to live as the opposite sex.

"Transgenderism" includes a broad spectrum, including men who dress as women for the purpose of sexual arousal; a host of confused individuals with other psychological issues; and those who change their "gender" from day to day. There are also men who have committed crimes against women and children who now say they are women, and, as such, under SOGI laws have more access to potential victims. In fact, a convicted sex offender led the push for the Charlotte SOGI law to give men access to women's restrooms and locker rooms.

Men have higher crime rates than women, and one recent study showed crime rates don't change when a man "transitions" to become a woman. There have been a number of cases where men, who've dressed as women, have perpetrated crimes in women's restrooms and locker rooms.

Common sense dictates we use biological sex as a marker for restrooms and changing rooms, rather than an individual's internal, unseen, subjective "gender identity." Changing this standard opens the door for predators and mentally disturbed individuals inclined toward criminal behavior.

7. YOU MAY HAVE HEARD: Businesses and entertainers are boycotting North Carolina because the state acted out of hatred, bigotry and intolerance.

REALITY: The substance of HB2 counters this claim. Read the bill HERE.

Businesses and entertainers are free to act as they wish, based on their convictions. However, the same rights should be extended to others who are often forced to violate their deeply-held religious beliefs through SOGI ordinances and laws.

In addition, we know that this was not an "organic, grass-roots movement." Well-financed, single-issue groups have worked for years to move government and businesses toward embracing "sexual liberty" at the expense of religious freedom and free speech. Many businesses and entertainers have been hypocritical in boycotting North Carolina while doing business and performing in countries with extremely poor human rights records.

Finally, we certainly won't try to force these businesses and entertainers to change or act against their beliefs. We won't force others ― parents, children, adoption agencies, hospitals, bakers, florists, photographers and students ― to cooperate with or agree to our beliefs. We really do believe in freedom.

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