(This is a joint post by Bryan and Douglas.)
If this is what a resistance looks like, then we are boned.
In another installment of As The Democrats Negotiate Against Themselves, Gov. Roy Cooper and Democrats in the General Assembly struck a deal that would “repeal” HB2, the infamous “bathroom bill” that has made it into a pariah state for corporate interests ranging from the NCAA and ACC to Google and Wells Fargo. This law was passed in the wake of Charlotte passing an ordinance banning discrimination against trans people as they access public facilities. Born from reaction and playing into the worst impulses present in North Carolina’s electorate, HB2 was a moral abomination of a law, rammed through by a Republican legislature in a special session called by the Republican lieutenant governor and signed by a Republican governor, and the hostility it earned the state across the US was justly earned.
This was the state of play back in December, when the Republican governor who signed HB2, Pat McCrory, grudgingly conceded that he lost a fair election and began turning over power to Roy Cooper, the governor-elect. Cooper, looking for a feather in his cap as he was coming into office, tried to negotiate a compromise between the NC General Assembly (still wholly controlled by the GOP despite a gerrymandered electoral map that has been struck down by federal courts) and the City of Charlotte to repeal HB2 and Charlotte’s anti-discrimination ordinance. Charlotte kept their end of the bargain, the General Assembly did not. This left the people negatively affected by HB2 with none of the protections that years of hard organizing had won in Charlotte and left the state with HB2 still on the books.
This brings us to today, where now-Governor Roy Cooper has signed a ‘repeal’ of HB2. Officially called HB142, it strikes the most egregiously anti-trans parts of the bill, but includes bitter pills. It enjoins any North Carolina municipality from passing another anti-discrimination ordinance for four years. This is notable for two reasons, the main one being that Governor Cooper turned down a similar moratorium in December that would have lasted six months. The second reason is that with the NC General Assembly being firmly in the hands of the Republican Party, it would take one law to make such a moratorium from being four years to being permanent.
There is, however, another reason why HB2 and HB142 are awful, and they have nothing to do with protecting trans people’s right to access public spaces.