HB2 (Public Facilities Privacy & Security Act)

HB2 (Public Facilities Privacy & Security Act) was a 2016 state law enacted by the North Carolina General Assembly and signed by Governor Pat McCrory. It nullified local anti-discrimination ordinances, most notably one in Charlotte, and mandated that in government buildings, individuals could only use restrooms and changing facilities corresponding to the sex listed on their birth certificates. The legislation sparked immediate national controversy, drawing condemnation from civil rights groups, corporations, and the federal government, while receiving support from social conservatives.

Background and legislative history

The immediate catalyst for the bill was the passage of a nondiscrimination ordinance by the Charlotte City Council in February 2016, which extended protections to LGBT individuals in public accommodations. This ordinance included provisions allowing transgender people to use restrooms matching their gender identity. In response, a special session of the North Carolina General Assembly was convened on March 23, 2016. The bill was introduced, passed both the North Carolina House of Representatives and the North Carolina Senate, and was signed into law by Governor Pat McCrory within a single day. The rapid process bypassed standard committee reviews and public hearings. Support for the bill was led by Republican leaders including Phil Berger and Tim Moore, who argued it was necessary for privacy and safety, while opponents decried it as discriminatory.

Provisions of the act

The act contained several key provisions that extended beyond bathroom access. It required that in all public agencies, including schools under the University of North Carolina System, multiple-occupancy bathroom and changing facilities be designated for use only by persons based on their "biological sex" as stated on their birth certificate. It also preempted all local governments in North Carolina from enacting or amending ordinances regulating private employment practices or public accommodations, thereby invalidating the Charlotte ordinance and preventing other cities like Durham and Asheville from passing similar measures. Furthermore, it established a statewide anti-discrimination policy that excluded sexual orientation and gender identity from protected categories, and it barred individuals from filing state employment discrimination claims outside of existing federal law under Title VII of the Civil Rights Act of 1964.

Legal challenges and court rulings

The law faced immediate and numerous legal challenges. The American Civil Liberties Union, Lambda Legal, and the United States Department of Justice under the Obama administration filed suits. In May 2016, the Justice Department notified the state that HB2 violated Title IX and the Violence Against Women Act, risking the loss of federal education funding. A pivotal case, *Carcaño v. McCrory*, was heard in the United States District Court for the Middle District of North Carolina. In 2018, the United States Court of Appeals for the Fourth Circuit declined to review a ruling that blocked the bathroom provisions, citing the precedent set by the Supreme Court of the United States in *G.G. v. Gloucester County School Board*. These protracted legal battles created significant uncertainty over the law's enforcement.

Economic and social impact

The economic backlash against HB2 was swift and severe. Major corporations, including PayPal, Deutsche Bank, and Adidas, canceled expansion plans in North Carolina. The National Basketball Association relocated the 2017 NBA All-Star Game from Charlotte, and the National Collegiate Athletic Association and the Atlantic Coast Conference moved championship events out of the state, citing values of inclusion. Estimates of lost business ranged into hundreds of millions of dollars. Socially, the law became a national flashpoint in the debate over transgender rights, prompting protests from organizations like the Human Rights Campaign and support from groups such as the Alliance Defending Freedom. It also influenced similar legislative efforts in other states like Texas and Mississippi.

Repeal and subsequent legislation

Facing sustained economic pressure and legal defeats, a compromise to repeal HB2 was reached in March 2017. The repeal bill, known as HB142, was passed by the North Carolina General Assembly and signed by new Governor Roy Cooper. However, HB142 included a moratorium until December 2020 on local governments passing new nondiscrimination ordinances related to public accommodations and multiple-occupancy facilities. This compromise was criticized by both LGBT advocates and some conservative lawmakers. The moratorium expired in 2020, and several municipalities, including Charlotte, subsequently passed new protective ordinances. In 2023, the North Carolina General Assembly enacted new bathroom restrictions for schools, reviving aspects of the debate initiated by HB2.

Category:North Carolina law Category:2016 in American law Category:LGBTQ+ rights in the United States