On March 23, North Carolina Governor Pat McCrory signed a law preventing local governments in the state of North Carolina from creating legislation to protect transgender and gay people. Based on a New York Times article from March 23, GOP Rep. Dean Arp of Monroe spoke in support of this legislation. He stated, “It's common sense—biological men should not be in women's showers, locker rooms and bathrooms.” The state Republicans in favor of this decision said that the major reasoning behind the bill was to protect the safety of women and children from “radical” action by the city of Charlotte in the state.
This legislation was a reaction to the previously passed local ordinance Feb. 22 in the city of Charlotte, N.C. According to the Charlotte Observer, the city council approved LGBT protections by a seven to four vote. The protection law made it illegal for businesses in Charlotte to discriminate against gay, lesbian or transgender customers, in addition to the long-standing protections already in place concerning race, age, religion and gender. The ordinance was created following discriminatory events in locations such as bars, restaurants, stores and transportation services.
However, the most controversial part of the ordinance was that it allowed transgender people to use bathrooms based on their choice of gender. This meant that males who identify as females could use women’s restrooms if they desired to. In an email, Governor McCrory responded to the change saying it would likely cause immediate action by legislators in the General Assembly.
Many people responded negatively to the ordinance. One speaker at the hearing, Pam Burton, stated, “Please don’t discriminate against me and my children. I’m not scared of transgenders, but sexual predators will see this as a chance for fresh victims. If one child becomes a victim through this, shame on all of you.”
As a result, the North Carolina General Assembly overturned this local ordinance in Charlotte when they passed the statewide legislation. This legislation excludes gay, lesbian and transgender people from the legal protection for discrimination in public places. According to a March 24 NPR article, this decision establishes a statewide nondiscrimination ordinance that explicitly supersedes any local nondiscrimination measures (the statewide protections still cover race, religion, color and national origin).
There are a lot of misleading concepts embedded in this legislation that need to be discussed. The major concern that people against the LGBT protection bill raised was bathroom provisions. The argument they are making is that this provision will encourage sexual predators to enter the bathrooms to harass or assault people.
This is something that I think is ridiculous. People will not be excused from committing sexual assault because of this law. They will face the same penalty as a person who associates with their biological gender and commits these crimes. No part of the law says it will protect criminals because of their sexual orientation. Bathroom provision is not about legalizing sexual assault or encouraging such acts, it is about offering protection to people who are in danger.
In fact, there are cases of LGBT community members who have been violently attacked over using the bathroom of their identified gender. A report by newsnet5 Cleveland described that a woman in Detroit named Cortney Bogorad was violently expelled for using a woman’s bathroom in a restaurant. She said, “As I came out of the stall, this gentleman - who was a security guard - came in the bathroom, and before I was even completely out of the bathroom he grabbed me by the arms and pushed me up against the wall, told me that boys aren’t allowed in this restroom.”
The North Carolina law is taking a step backward. It encourages discrimination against the LGBT community in the workplace, housing contracts, public utilities and shopping centers. Anti-discrimination laws are in place to protect people from acts of discrimination. All people in the United States should feel safe. Any legislation that suggests otherwise is something no one should be able to get behind.
Hae Rin is a sophomore majoring in history. What do you think about the legislation that was recently passed in North Carolina? Let us know at opinion@dailycardinal.com.
