Tuesday on the show I was joined by Amber Phillips, a writer for the Washington Post, and she did a great job breaking the facts of the law down this morning.
The basic details of the North Carolina Bathroom Bill have been lost in the drama surrounding the bill, but Amber reminded us that the states pass bills all the time in order to counter municipalities that may be more or less liberal than the rest of the state as a whole.
As is this case in North Carolina, the NC Bathroom Bill was passed in response to a Charlotte city ordinance that opened up bathrooms for transgender people to use whichever facility they preferred.
Here are my two take-aways about the North Carolina Bathroom Bill:
1) It has always been legal to discriminate against people because of their gender identity or sexual orientation. It’s legal according to Federal Law and according to North Carolina state law. This North Carolina bill doesn’t change that at all.
There’s this perception that it’s been illegal to discriminate against gay and trans people, but North Carolina decided to make it legal. But no, it’s always been legal to discriminate. This law doesn’t change that at all.
2) This North Carolina bill only applies to public buildings and spaces. It doesn’t effect private businesses at all. And to go back to the first point, has nothing to do with employment law. It’s just about bathrooms.
So remember the businesses, like PayPal, that decided not to go forward with opening up in North Carolina? They wouldn’t have been impacted as the bill only applies to public buildings and spaces, like government buildings, parks, schools, etc. Private businesses are 100% in control of who uses, or doesn’t use, their bathrooms.
The strong push-back from businesses in North Carolina and those who were considering doing business in the state, speaks of a wider cultural opposition to the idea of discrimination and the need for equality for transgender people, than specifically who is using the bathroom.
If you missed the conversation with Ashley, click below and get caught up! Read Amber’s full article right here.