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North Carolina rolls back 'bathroom bill' despite criticism

By Joe Bruno, wsoctv.com
By Joe Bruno, wsoctv.com

RALEIGH, N.C. — North Carolina Gov. Roy Cooper signed a bill into law that repeals the controversial law, House Bill 2.

The North Carolina House and Senate quickly passed House Bill 142 Thursday after Republican leaders and Cooper reached a deal late Wednesday night.

(Click PLAY to watch Gov. Cooper announce he signed the bill repealing HB2)

HB142 repealed HB2, which required transgender people to use restrooms in schools and government buildings corresponding to the sex on their birth certificate. The new law means that a transgender person can use the bathroom of the gender with which they identify.

But the new law means cities can't create their own nondiscrimination ordinance until December 2020. For example, Charlotte can't create an ordinance that would provide a transgender person any protection.

[RELATED: What is the difference between HB142 and HB2?]

Cooper said he prayed about it, thought about it for a long time and concluded that this was the best deal for the state. He said North Carolina was hurting and it was his responsibility to repeal the law that had turned business away from the state.

The governor said that while he wishes the moratorium expired sooner than 2020, he said he is proud that transgender North Carolinians will no longer deal with HB2.

(RELATED: North Carolina's bathroom bill repeal: who's satisfied?]

"It's important that we repeal this horrible requirement that transgender people had to go to the bathroom of their birth certificate," Cooper said. "That is gone. That is an issue that has affected our reputation. It has hurt us."

Social conservatives in the General Assembly would prefer to have HB2 stay on the books. Gay rights groups opposed the replacement measure, because it would still restrict lesbian, gay, bisexual and transgender protections from discrimination.

"This bill is, at best, a punt. At worst, it is a betrayal of principal," said state Rep. Dan Bishop (R-Mecklenburg County).

Charlotte Mayor Jennifer Roberts released a statement, voicing her opposition to HB142: 

"I am deeply disappointed that the Republican leaders in the General Assembly continue to see LGBT people as unequal and refuse to let cities like Charlotte govern themselves. They passed HB2 and continued to prevent a clean repeal of the bill - even after the City of Charlotte met all of their demands.

Personally, I would like nothing more than a repeal of HB2, but this is not a repeal nor is this a reset. This is a rejection of Charlotte's and North Carolina's progressive, inclusive values. We are not HB2, and we are not today's false repeal."

On Friday, Roberts stood firm on her belief that House Bill 142 is not a full repeal of House Bill Two. She told Channel 9 that because of the moratorium on cities creating their own nondiscrimination ordinance for four years, it's not a full repeal.

Roberts said that despite the bill's passage, she would continue to work to make Charlotte a welcoming and inclusive city to all.

"It continues to have our LGBT community be second-class citizens and I want people to know that no matter what our state has done, Charlotte is going to continue to work very hard to grow jobs, have a productive economy, to give every person opportunity," she said.

[RELATED: City of Charlotte supports HB2 repeal while mayor blasts new law]

Cooper, who was elected governor last November with support from LGBT forces and on a platform that included a complete repeal of HB2, said in a release that he supported the compromise unveiled Wednesday shortly before midnight by GOP lawmakers.

"It's not a perfect deal, but it repeals House Bill 2 and begins to repair our reputation," Cooper said.

Latest news on HB2:

The late-night announcement came as the NCAA had said North Carolina sites won't be considered for championship events from 2018 to 2022 "absent any change" in House Bill 2, which it views as discrimination. The NCAA said decisions would be made starting this week on events. North Carolina cities, schools and other groups have offered more than 130 bids for such events.

[CLICK HERE to read House Bill 142]

The NCAA already removed championship events from the state this year because of the law, which limits LGBT nondiscrimination protections and requires transgender people to use restrooms in schools and government buildings corresponding to the sex on their birth certificate.

The NCAA Board of Governors is expected to meet next week to discuss the repeal of HB2.

[RELATED ARTICLE: Emmert: NCAA will decide next week whether to return to NC]

HB2 has prompted some businesses to halt expansions and entertainers and sports organizations to cancel or move events, including the NBA All-Star game in Charlotte. An Associated Press analysis this week found that HB2 already will cost the state more than $3.76 billion in lost business over a dozen years.

The new proposal would repeal HB2 but would leave state legislators in charge of policy on public multi-stall restrooms. Local governments also couldn't pass ordinances extending nondiscrimination protections in private employment and in places such as hotels and restaurants covering categories like sexual orientation and gender identity until December 2020. That temporary moratorium, according to GOP House Speaker Tim Moore and Berger, would allow time for pending federal litigation over transgender issues to play out.

"Compromise requires give and take from all sides, and we are pleased this proposal fully protects bathroom safety and privacy," Berger and Moore said in a statement. It's not clear whether the NCAA would be satisfied by the changes.

(Click PLAY to watch the history of HB2)

Responding before Wednesday night's announcement to anticipated provisions in the legislation, top national and state gay rights activists blasted the proposal and said those who back Thursday's measure aren't allies of the LGBT community. Only a complete repeal, with nothing else, will do, they say.

"At its core, it's a statewide prohibition on equality," Human Rights Campaign President Chad Griffin told reporters, adding that consequences could fall on Cooper, whom gay rights activists backed in the election, for backing a "dirty deal."

"It would be a failure of leadership for Cooper" and for Democratic legislative leaders to back this agreement "instead of standing up for civil rights," Equality North Carolina Executive Director Chris Sgro said.

The Republican-controlled legislature passed HB2 in response to a Charlotte ordinance that allowed transgender people to use restroom aligned with their gender identity. Cooper narrowly defeated GOP Gov. Pat McCrory, who signed the law. HB2 supporters said ordinances, like the one in Charlotte, made it easy for sexual predators to enter public restrooms designated for the opposite sex.

Several potential compromises have failed over the past year, including one during a special session in December that collapsed amid partisan finger-pointing. GOP and Democratic legislators have been in a seemingly endless chase during the past several weeks to cobble together enough votes on various drafts of legislation.

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