House Bill 2, which prevents non-discrimination ordinances in North Carolina, was signed into law March 23 by Gov. Pat McCrory. The bill caused controversy in the N.C. Senate, where Democrats walked out before the vote — allowing it to pass unanimously. Staff writer Zaynab Nasif spoke with legal experts to determine the bill’s implications on all North Carolinians.
Q: How does House Bill 2 specifically restrict local municipalities and North Carolina residents?
A: The bill prohibits local municipalities from passing legislation about employment or public accommodations, leaving that ability to the state government.
It also affects towns’ and cities’ ability to pass legislation protecting citizens on the basis of sexual identity — such as the one passed in Charlotte in February.
“Municipalities can no longer pass ordinances that protect LGBT status,” said Maxine Eichner, a UNC law professor.
Kate Oakley, senior legal counsel for the Human Rights Campaign, said rights other than sexual identity could be in question — though suits could still be filed under federal law.
“Some argue that HB 2 has eliminated the cause of action that lawyers have been using to bring wrongful termination suits, so it may be that a claim of discrimination on the basis of religion will only result in a mediation,” Oakley said.
Q: Does the bill outlaw all non-discrimination policies that could be extended to LGBT individuals?
A: No. For the public sector, North Carolina law now excludes sexual orientation or gender identity as characteristics protected from discrimination. And cities are additionally prohibited from passing ordinances that protect these individuals.
