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North Carolina has boxed itself in by transforming a nonissue into a culture war.The governor may be buying time because litigation is slow, meaning that very little will occur until after the election.It prohibits local governments from passing ordinances related to equal restroom access, creates a three-year moratorium on local nondiscrimination ordinances, and prohibits local governments from passing ordinances related to workers' safety. Type of bill: Restroom and preemption bill What it would have done: This bill would have prohibited local governments from adopting transgender-inclusive policies that allow people to use restrooms according to their gender identity Status: Failed​Type of bill: Locker room and school bill What it would have done: This bill would have required transgender students to use school locker rooms according to the gender on their original birth certificates Status: ​​Failed. Type of bill: ​Carve-out What it would have done: ​This bill would have required the terms "mother," "father," "wife," and "husband" to be interpreted according to "biological distinctions between men and women" when used in laws, which may affect transgender people's rights as parents or spouses. Note that a similar bill, HB 1111, which requires terms in Tennessee law generally to be interpreted according to their "natural and ordinary meaning" was signed into a law and may have a similar effect as HB 33.Type of bill: Restroom and school bill What it would have done: ​This bill would have required trans K-12 and college students to use restrooms school or college according to their original birth certificates Status: Failed Type of bill: ​Carve-out What it would have done: ​This bill would have required the terms "mother," "father," "wife," and "husband" to be interpreted according to "biological distinctions between men and women" when used in laws, which may affect transgender people's rights as parents or spouses Status: ​Type of bill: Restroom and school bill What it does: ​This bill would have required trans K-12 and college students to use restrooms school or college according to their original birth certificates Status: ​Failed Type of bill: Restroom, school, and preemption bill What it would have done: ​This bill would have prohibited trans students from using school restrooms consistent with their gender identity, and it would have prohibited local government from passing nondiscrimination ordinances related to restroom access Status: ​Failed Type of bill: Discrimination carve-out bill What it would have done: This bill would have created sweeping exemptions allowing people and businesses to discriminate against transgender people and same-sex couples based on their religious or moral beliefs Status: ​Failed Type of bill: Restroom and preemption bill What it would have done: This bill would have prohibited schools and local governments from adopting policies and regulations protecting people from discrimination in restrooms Status: Failed Gives child welfare service providers a license to discriminate against children under their care (like by subjecting transgender children to conversion therapy) and against current or potential parents (like by refusing to place a child with someone because they are transgender).There wasn’t anything North Carolinians needed to be protected from.Health care bills: Bills that restrict transgender people’s access to health care ID bills: Bills that limit transgender people’s ability to update their identity documents (like driver’s licenses and birth certificates) Discrimination carve-outs: Bills that allow discrimination against transgender people by creating special exceptions to existing laws Restroom bills: Bills that restrict transgender people’s access to restrooms and other single-sex facilities Preemption bills: Bills that override municipal and county-level anti-discrimination laws School bills: Bills that restrict transgender students’ rights at school Type of bill: Restroom bill What it would have done: This bill would have required businesses, schools, and other public places to either segregate restrooms by gender (which is not defined in the bill) or place attendants at each restroom to monitor people’s restroom use Status: Failed Type of bill: ID bill What would have done: This bill would have made it harder for people in Arizona, including transgender people, to get their name changed by requiring them to provide and pay for the cost of a criminal background check Status: ​Passed in Senate but failed to pass through the House before the end of the legislative session.In the end, the federal money that North Carolina receives will likely be the tipping point for resolving this issue.

North Carolina may argue that it is not violating Title IX since no dispositive Supreme Court decision has, to date, said “sex” in Title IX encompasses gender identity. Circuit Court of Appeals, which encompasses North Carolina, recently ruled that a trial court should reconsider its decision to reject a transgender boy’s request for a preliminary injunction against Gloucester High School in Virginia, which had limited the teen’s bathroom use to the girl’s restroom.Other states have recognized the bathroom issue for the nonissue that it is.Last year, for example, Utah extended protections against discrimination in housing and hiring for all LGBT persons.How do you enforce public bathroom access based on someone’s birth certificate? The law also covers public universities in North Carolina. The Title IX statute prohibits any sex discrimination by schools receiving certain federal funds, including public schools.Unless you have a police officer standing outside every public restroom, like a bouncer, ready to examine everyone’s birth certificate, you can’t enforce this law as it is currently written. The Department of Education interprets the word “sex” to mean sexual orientation and gender identity.




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