Re: How can the NCAA punish NC over a State issue

You ask for specifics - here you go. This law holds up a completely non-existent boogeyman (the pervert who dresses up as a woman to sexually assault children in public restrooms) to justify a sweeping rollback of LGBT rights. N.C. Republicans called the General Assembly into special session for the express purpose of overturning Charlotte's recently passed anti-discrimination ordinance, which in addition to the "bathroom" provision would have granted anti-discrimination protections to gay people.

But HB2, the product of that special session, went much further than simply forcing Charlotte back to the status quo ante on gay rights - that is, none whatsoever. Statewide it overturned all city & county ordinances that established LGBTs as a protected class - thus voiding anti-discrimination protections in Asheville, Greeensboro, Durham, Chapel Hill, Carrboro & a handful of other municipalities & undoing decades of painstaking organizing & lobbying. But HB2 went further still. It closed the state courts to ALL claims of employment discrimination, not just by sexual orientation (which has never had protected status under N.C. law) but by race, gender, age, religion, whatever. (This provision was subsequently modified.) And just for good measure, it prohibited any county or municipality in N.C. from mandating a higher minimum wage. There's nothing "moderate" about this law - in one swoop it undoes what took decades of hard work to establish. Opposition to it can't be easily dismissed as "groupthink".

Some context here is important. Many people are incredulous to learn that it's perfectly legal to discriminate on the basis of personal disapproval of homosexuality. Under federal law & the laws of most states, gay people can be fired from their jobs; denied service in restaurants, hotels & other public accommodations; or evicted from an apartment, solely because of their sexuality. Democrats have tried on multiple occasions to establish such protections, but every time Republicans have bitterly opposed them & succeeded in blocking them. Into this breach, hundreds of cities & counties & 21 states have established such protections. Almost always, consideration of such laws has drawn bitter opposition from Christian conservative organizations. Quite often, such laws have been passed after years of painstaking efforts, only to be overturned by initiative in the very next election. So the campaign to establish legal protections for gay people has come to resemble trench warfare - lots of fighting & fire that move the front lines only a few inches & result in heavy casualties.

And so that is what made Obergefell v. Hodges (the Supreme Court decision that legalized same-sex marriage nationwide) seem so audacious. After decades in which the Supreme Court was sternly unsympathetic to gay people, this was as close to total victory as one will ever see in American law. But in politics there are no final victories, & every advance in civil rights is followed by an inevitable backlash. That, in essence, is what N.C.'s HB2 is. Unable to overrule the Supreme Court, gay-rights opponents counterattacked by hitting LGBTs at their weak point - by overturning the meager anti-discrimination protections that they've managed to get passed. First it was to try to uphold the right to discriminate in the guise of "religious freedom", but the backlash against Indiana's law early in 2015 probably stunted similar efforts in other states. Arkansas was the first state to expressly prohibit cities & counties from enacting protections for gay people, followed soon after by Tennessee. Houston, TX, was the test run for the bathroom-panic strategy: there, in 2015, voters in this majority-minority city decided by a large margin to overturn ALL anti-discrimination protections (not just for gays) after a campaign dominated by the (completely invented) specter of perverts lurking in public bathrooms to assault children. From there, the file moves to North Carolina & HB2. But for the opposition that the N.C. law has generated, laws like this one would have swept like a wildfire through Republican-controlled state legislatures. But after decades of being demonized & thrown under the bus, gay people these days finally have some powerful allies & the ability to push back. I guess THAT is what people find so upsetting about the opposition to North Carolina's law.

drewtigeralum03

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Can you explain this part of the bill?

Sep 13, 2016, 8:15 PM

Specifically, ### does any of this have to do with the bathroom?

PART II. STATEWIDE CONSISTENCY IN LAWS RELATED TO EMPLOYMENT AND
28 CONTRACTING
29 SECTION 2.1. G.S. 95-25.1 reads as rewritten:
30 "§ 95-25.1. Short title and legislative purpose.purpose; local governments preempted.
31 (a) This Article shall be known and may be cited as the "Wage and Hour Act."
32 (b) The public policy of this State is declared as follows: The wage levels of employees,
33 hours of labor, payment of earned wages, and the well-being of minors are subjects of concern
34 requiring legislation to promote the general welfare of the people of the State without jeopardizing
35 the competitive position of North Carolina business and industry. The General Assembly declares
36 that the general welfare of the State requires the enactment of this law under the police power of
37 the State.
38 (c) The provisions of this Article supersede and preempt any ordinance, regulation,
39 resolution, or policy adopted or imposed by a unit of local government or other political
40 subdivision of the State that regulates or imposes any requirement upon an employer pertaining to
41 compensation of employees, such as the wage levels of employees, hours of labor, payment of
42 earned wages, benefits, leave, or well-being of minors in the workforce. This subsection shall not
43 apply to any of the following:
44 (1) A local government regulating, compensating, or controlling its own
45 employees.
46 (2) Economic development incentives awarded under Part 2H of Article 10 of
47 Chapter 143B of the General Statutes.
48 (3) Economic development incentives awarded under Article 1 of Chapter 158 of
49 the General Statutes.
50 (4) A requirement of federal community development block grants.
51 (5) Programs established under G.S. 153A-376 or G.S. 160A-456."
General Assembly Of North Carolina Second Extra Session 2016
Page 4 House Bill 2-First Edition
1 SECTION 2.2. G.S. 153A-449(a) reads as rewritten:
2 "(a) Authority. – A county may contract with and appropriate money to any person,
3 association, or corporation, in order to carry out any public purpose that the county is authorized
4 by law to engage in. A county may not require a private contractor under this section to abide by
5 any restriction that the county could not impose on all employers in the county, such as paying
6 minimum wage or providing paid sick leave to its employees, regulations or controls on the
7 contractor's employment practices or mandate or prohibit the provision of goods, services, or
8 accommodations to any member of the public as a condition of bidding on a contract.contract or a
9 qualification-based selection, except as otherwise required by State law."
10 SECTION 2.3. G.S. 160A-20.1(a) reads as rewritten:
11 "(a) Authority. – A city may contract with and appropriate money to any person,
12 association, or corporation, in order to carry out any public purpose that the city is authorized by
13 law to engage in. A city may not require a private contractor under this section to abide by any
14 restriction that the city could not impose on all employers in the city, such as paying minimum
15 wage or providing paid sick leave to its employees, regulations or controls on the contractor's
16 employment practices or mandate or prohibit the provision of goods, services, or accommodations
17 to any member of the public as a condition of bidding on a contract.contract or a
18 qualification-based selection, except as otherwise required by State law."
19
20 PART III. PROTECTION OF RIGHTS IN EMPLOYMENT AND PUBLIC
21 ACCOMMODATIONS
22 SECTION 3.1. G.S. 143-422.2 reads as rewritten:
23 "§ 143-422.2. Legislative declaration.
24 (a) It is the public policy of this State to protect and safeguard the right and opportunity of
25 all persons to seek, obtain and hold employment without discrimination or abridgement on
26 account of race, religion, color, national origin, age, biological sex or handicap by employers
27 which regularly employ 15 or more employees.
28 (b) It is recognized that the practice of denying employment opportunity and
29 discriminating in the terms of employment foments domestic strife and unrest, deprives the State
30 of the fullest utilization of its capacities for advancement and development, and substantially and
31 adversely affects the interests of employees, employers, and the public in general.
32 (c) The General Assembly declares that the regulation of discriminatory practices in
33 employment is properly an issue of general, statewide concern, such that this Article and other
34 applicable provisions of the General Statutes supersede and preempt any ordinance, regulation,
35 resolution, or policy adopted or imposed by a unit of local government or other political
36 subdivision of the State that regulates or imposes any requirement upon an employer pertaining to
37 the regulation of discriminatory practices in employment, except such regulations applicable to
38 personnel employed by that body that are not otherwise in conflict with State law."
39 SECTION 3.2. G.S. 143-422.3 reads as rewritten:
40 "§ 143-422.3. Investigations; conciliations.
41 The Human Relations Commission in the Department of Administration shall have the
42 authority to receive charges of discrimination from the Equal Employment Opportunity
43 Commission pursuant to an agreement under Section 709(b) of Public Law 88-352, as amended by
44 Public Law 92-261, and investigate and conciliate charges of discrimination. Throughout this
45 process, the agency shall use its good offices to effect an amicable resolution of the charges of
46 discrimination. This Article does not create, and shall not be construed to create or support, a
47 statutory or common law private right of action, and no person may bring any civil action based
48 upon the public policy expressed herein."
49 SECTION 3.3. Chapter 143 of the General Statutes is amended by adding a new
50 Article to read:
51 "Article 49B.
General Assembly Of North Carolina Second Extra Session 2016
House Bill 2-First Edition Page 5
1 "Equal Access to Public Accommodations.
2 "§ 143-422.10. Short title.
3 This Article shall be known and may be cited as the Equal Access to Public Accommodations
4 Act.
5 "§ 143-422.11. Legislative declaration.
6 (a) It is the public policy of this State to protect and safeguard the right and opportunity of
7 all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges,
8 advantages, and accommodations of places of public accommodation free of discrimination
9 because of race, religion, color, national origin, or biological sex, provided that designating
10 multiple or single occupancy bathrooms or changing facilities according to biological sex, as
11 defined in G.S. 143-760(a)(1), (3), and (5), shall not be deemed to constitute discrimination.
12 (b) The General Assembly declares that the regulation of discriminatory practices in places
13 of public accommodation is properly an issue of general, statewide concern, such that this Article
14 and other applicable provisions of the General Statutes supersede and preempt any ordinance,
15 regulation, resolution, or policy adopted or imposed by a unit of local government or other
16 political subdivision of the State that regulates or imposes any requirement pertaining to the
17 regulation of discriminatory practices in places of public accommodation.
18 "§ 143-422.12. Places of public accommodation – defined.
19 For purposes of this Article, places of public accommodation has the same meaning as defined
20 in G.S. 168A-3(8), but shall exclude any private club or other establishment not, in fact, open to
21 the public.
22 "§ 143-422.13. Investigations; conciliations.
23 The Human Relations Commission in the Department of Administration shall have the
24 authority to receive, investigate, and conciliate complaints of discrimination in public
25 accommodations. Throughout this process, the Human Relations Commission shall use its good
26 offices to effect an amicable resolution of the complaints of discrimination. This Article does not
27 create, and shall not be construed to create or support, a statutory or common law private right of
28 action, and no person may bring any civil action based upon the public policy expressed herein."
29
30 PART IV. SEVERABILITY
31 SECTION 4. If any provision of this act or its application is held invalid, the
32 invalidity does not affect other provisions or applications of this act that can be given effect
33 without the invalid provisions or application, and to this end the provisions of this act are
34 severable. If any provision of this act is temporarily or permanently restrained or enjoined by
35 judicial order, this act shall be enforced as though such restrained or enjoined provisions had not
36 been adopted, provided that whenever such temporary or permanent restraining order or injunction
37 is stayed, dissolved, or otherwise ceases to have effect, such provisions shall have full force and
38 effect.
39
40 PART V. EFFECTIVE DATE
41 SECTION 5. This act is effective when it becomes law and applies to any action
42 taken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended
43 on or after that date, and to any contract entered into on or after that date. The provisions of
44 Sections 2.1, 2.2, 2.3, 3.1, 3.2, and 3.3 of this act supersede and preempt any ordinance, resolution,
45 regulation, or policy adopted prior to the effective date of this act that purports to regulate a
46 subject matter preempted by this act or that violates or is not consistent with this act, and such
47 ordinances, resolutions, regulations, or policies shall be null and void as of the effective date of

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How can the NCAA punish NC over a State issue

They aren't punishing NC over a state issue.

Re: They aren't punishing NC over a state issue.

Re: They aren't punishing NC over a state issue.

Can you use specifics to explain how the law is bigoted?

Serious Question...can you read?

So that's one "no." It's really not that hard to

Liberals are good at throwing around the word bigot

The oppression of having to pee according to your gender is

Maybe that was GA Magnus' deal***

Re: Can you use specifics to explain how the law is bigoted?

This is yet another example that people suck at specifics.

Just love the generalities

Please read specifics then

since when did common sense become bigotry>?

The bathroom thing is about 1% of the bill***

That's either a lie or a blunder. Here is the actual bill.

Can you explain this part of the bill?

Is this the first bill you've ever seen?

Re: They aren't punishing NC over a state issue.

Where's the unicorn bathroom?***

^^^^^

God does not make mistakes.***

Re: They aren't punishing NC over a state issue.

its vintage liberal tactics

Please, Please, for the love of God

i have and the reaction is stupid..

What you're showing me

It removes local government control over private business.

It's mostly subjective

It's 90% opinionated commentary. It doesn't cite half of its

Re: What you're showing me

Re: What you're showing me

well, they punished SC over a flag.***

it is clear, you will submit to the federal government or else***

This quote from Jerry Tarkanian might help....

Re: How can the NCAA punish NC over a State issue

Re: How can the NCAA punish NC over a State issue

is it very much like terrorism or secret police isn't it

One more time! Caitlynn Jenner, by current NC law..

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