Proposal to add LGBT protections fails in Charlotte City Council

A proposed non-discrimination ordinance — which included new protections for the LGBT community — failed to pass in Charlotte on Monday after its city council voted 6-5 against the measure.

The ordinance, which would have provided protections to Charlotte residents with respect to sexual orientation, gender identity and gender expression, faced severe opposition from its inception.

“The issue that people zeroed in on was bathroom accommodations,” said Al Austin, a member of the Charlotte City Council. 

The proposal included a provision that would have allowed transgender residents to use the bathroom of their choice — male or female. Some critics feared a transgender woman entering a women’s bathroom would upset women and children.

One of the most vocal opponents was Mark Harris, senior pastor of Charlotte First Baptist Church. Harris, who also ran for U.S. Senate in 2014 but was defeated in the Republican primary, could not be reached for comment on Monday. 

Patsy Kinsey, another member of the council and former Charlotte mayor, had been working on the proposal since the summer and helped present it to the council in November. 

Kinsey said she wasn't afraid the bathroom changes would be an issue.

"I thought it best to remain committed to the ordinance’s overall aims and the LGBT community as a whole,” she said.

As a result, members of the council amended the proposal, removing the portion that would accommodate restroom choice.

While that amendment was approved, the final proposal did not pass when one of the council members changed their vote at the last moment.

“This is a sad day for all of the people who would have benefited from the ordinance,” Kinsey said.

A large coalition of organizations and supporters had been working to promote the ordinance for several months, including Equality N.C., an LGBT rights group.

“Chapel Hill, Carrboro, Greensboro and Raleigh have all passed similar ordinances already. This is going to continue to be an issue until Charlotte catches up with its peers,” said Chris Sgro, executive director of Equality N.C.

Chapel Hill, Carrboro and a few other cities in North Carolina have had non-discrimination policies — which do not include a provision addressing restroom choice, as Charlotte's proposal had — covering sexual orientation since at least 2001. Since 2004, Chapel Hill has also protected transgender residents from discrimination. 

Carey Hanlin, a 2014 UNC graduate who grew up in Charlotte, said he wasn't entirely surprised. But he’s extremely disappointed in the city where he spent the first 18 years of his life. 

“It’s ridiculous the fight is still being fought. Charlotte is a great city with a long way to go — people need to be able to use the bathroom without facing violence or confrontation,” he said.

Hanlin said while it is tricky to talk about transgender issues with people who don’t understand them, that doesn’t mean LGBT people don’t need the same protections as other citizens.

Both council members agreed it will be some time before Charlotte’s council looks at the issue again.

“Next year we’ll have a whole new council, and that group may not even choose to hear a similar proposal,” said Austin.

Kinsey, who has been on the council for 12 years and plans to run for one more term, recognizes the ordinance will not pass this session but hopes it isn’t long before it’s brought up again.

“I have a lot of friends in the LGBT community, in my church, in the arts community, all throughout my life. This proposal was simply the right thing to do,” she said.

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