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> I read the law, and I don't see where it does that. That's okay; a lot of people have reading deficits, and in fact my company works a lot to help people wit
by gecko 11y ago
> I read the law, and I don't see where it does that.
That's okay; a lot of people have reading deficits, and in fact my company works a lot to help people with them. One thing we've found helps with reading deficits is breaking things down, so let's do that.
First, load up http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v1.pdf http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v1.pd... in another browser window. That's the actual bill text, presented as a diff.
HB2 has three parts. The first part is about bathrooms, and the second part prohibits cities have a minimum wage other than the state's, so I'm going to completely ignore those two bits.
That leaves part III. Part III has three main parts. Here's what they do:
Part III, Section 3.1(c), says that only the state definitions of protected classes matter, and that local municipalities cannot define their own: "this Article and other applicable provisions of the General Statutes supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State". So the only protected classes are those defined by the state.
Part III, Section 3.2, adds the line, "This Article does not create, and shall not be construed to create or support, a statutory or common law private right of action, and no person may bring any civil action based upon the public policy expressed herein." This is technical language, but "private right of action", in this context, means "bring a suit." Thus, only the state can bring action; you can't. And due to Part III, Section 3.1(c), local cities cannot create their own laws that do permit this. Thus, the first part of my statement: you are now barred from suing for discrimination, and must rely on the state.
Finally, Part III, Section 3.3(a), redefines the state's protected classes to include "race, religion, color, national origin, or biological sex". Since sexual orientation and gender identity are not included here, and Part III Section 3.1 forbade cities from having their own protected classes, we have now prohibited the entire LGBT community from being declared a protected class, and therefore the state is under no obligation (and, in fact, has no legal basis) to bring discrimination complaints about sexual orientation.
- joshuaheard 11y agoAll they changed was to add the word "biological" to "race, religion, color, national origin, or biological sex". Sexual orientation and gender identity were never in the state law. This is not the gutting of discrimination laws you describe.