House Bill 2

ManglerYJ

Well-Known Member
Joined
Mar 20, 2005
Location
Lexington, NC
So it looks like we (North Carolinians) are going to court over this. Seems like the absolute worst time in history to have to fight this battle what with the current vacancy in the Supreme Court, but here we are. With all the rhetoric out there about it, it seems that good old fashioned common sense is out the window.

For what it's worth, here's my take:

First a little background: I am a heterosexual male with young daughters. I am very protective of these daughters.

That being said, this law - while completely unnecessary in my eyes - should stand and I applaud Pat McCrory for putting it forward. The reason I feel it's unnecessary is that since the dawn of recorded history (Genesis 1), it was made plain the differences between a man and a woman and the need for privacy to in certain anatomical parts. This is the basis for why we have separate public restroom facilities and have for hundreds of years with little to no problems - until recently.

The problems put forward recently were to challenge the status quo to enable a very small minority access to the bathroom of their choosing based solely on an internal "feeling" or association they have toward their identity. There are many facets to this problem that can be broken down into categories.

There are certain things that I can point to as a moral problem, certain things that I can point to as a bio-mechanical problem, certain things that I can point to as a legal slippery slope.

From a moral standpoint, what is seen cannot be unseen. If my daughters go into a rest room or fitting room, odds are good that they will see other women in the process of changing clothes, using the restroom facilities, etc. Girls seeing anatomy that is outside their expected norm is bound to have ramifications. That's a fancy way of saying I don't want my girls seeing guys' junk. I know it will happen eventually, but I can at least hope that it will be in an appropriate time and place.

From a bio-mechanical standpoint, wouldn't it make sense that a woman who "self-identifies" as a man, would have no use for a urinal? So they are just going to use a private stall anyway just as they probably have been for years un-beknownst to the rest of the world anyway. Same thing for a man "self-identifying" as a woman. Without some kind of incredible mega-surgery, he will have no use for the tampon dispensers in the ladies room, either. There are just some things that were put there because they made sense and changing them doesn't.

As for the legal slippery slope this creates, its an impossible law to enforce. It's not like we are going to have police officers standing outside restrooms to check equipment versus documentation. Heck, it's hard enough to card a line of people waiting to get a drink at the Coleseum let alone a dick-check at the door.

The liberal right has pegged this bill as homophobic and bigoted. It may be bigoted, but it's far from homophobic. If a dude "self-identifies" as a woman, don't you think a true homophobe would WANT him to use the ladies room? You wouldn't want him looking over the urinal checking out your junk. But, instead, it's just easier to keep things the way they are. Pat was only trying to counter what was going on in Charlotte with the passage of a similar, but contrary piece of local legislation.

I just hope that the part of this bill about them not being able to sue the State is not in fact the real problem and it causes the whole thing to get shut down. That would be sloppy bill-writing for sure.
 
You mention Genesis...

Maybe we can select bathrooms by rib count?
 
Maybe im slow so someone explain to me how the "rights" of 3.8% of the populations supercede those of the other 96%. The way I understand history one mans rights do not infringe on anothers but this no longer is the case?
 
From a moral standpoint, what is seen cannot be unseen. If my daughters go into a rest room or fitting room, odds are good that they will see other women in the process of changing clothes, using the restroom facilities, etc. Girls seeing anatomy that is outside their expected norm is bound to have ramifications. That's a fancy way of saying I don't want my girls seeing guys' junk. I know it will happen eventually, but I can at least hope that it will be in an appropriate time and place.

From a bio-mechanical standpoint, wouldn't it make sense that a woman who "self-identifies" as a man, would have no use for a urinal? So they are just going to use a private stall anyway just as they probably have been for years un-beknownst to the rest of the world anyway. Same thing for a man "self-identifying" as a woman. Without some kind of incredible mega-surgery, he will have no use for the tampon dispensers in the ladies room, either. There are just some things that were put there because they made sense and changing them doesn't.

As for the legal slippery slope this creates, its an impossible law to enforce. It's not like we are going to have police officers standing outside restrooms to check equipment versus documentation. Heck, it's hard enough to card a line of people waiting to get a drink at the Coleseum let alone a dick-check at the door.

So just a question. Would your daughter not be more worried if she went into the restroom and saw somebody that looked like a man using the bathroom (that on their birth certificate was a women) then a person that looked like a women (that was a man on their birth certificate) using the bathroom that was really a man that you couldn't tell. I'm sure you have seen some of the tweets from some of these people and what they look like in the days after it was passed

It has been happening forever and nobody has realized or complained about it before. Why worry and change things?
 
So just a question. Would your daughter not be more worried if she went into the restroom and saw somebody that looked like a man using the bathroom (that on their birth certificate was a women) then a person that looked like a women (that was a man on their birth certificate) using the bathroom that was really a man that you couldn't tell. I'm sure you have seen some of the tweets from some of these people and what they look like in the days after it was passed

It has been happening forever and nobody has realized or complained about it before. Why worry and change things?


If I've learned one thing in my 44 years on this planet is that ignorance is bliss and I've been pretty happy. If nobody would be the wiser if it weren't known, why make it a big deal?
 
Maybe im slow so someone explain to me how the "rights" of 3.8% of the populations supercede those of the other 96%. The way I understand history one mans rights do not infringe on anothers but this no longer is the case?

Where you put rights in quotations is the crux of the issue there. No ones rights should supersede anyone else's, regardless of how many fall in to what category. Your rights are no better than mine, or vise versa. The root of the question is does a transgendered person have a "right" to use the bathroom they identify as.

I personally think the bill was passed on fear of very very small issue: it prevents men from dressing as women to go perv on ladies in the ladies restroom. Can that happen? Absolutely. Is it likely to happen? Far less so than an actual transgendered person actually using the restroom in peace and not bothering a soul. I have to agree with DSM, I would rather my wife and little girl see a man who looks like a woman using the bathroom like a woman than seeing a woman who looks like a man using the bathroom because they are forced to by law because they have a vagina.

Duane
 
A creepier like that isn't going to listen to a law anyways, so it really does nothing, in my opinion. Just makes it illegal, and you know that these kinds of people love to listen to the law!

Exactly. Just like gun laws will not keep criminals from owning guns, bathroom laws will not keep pervs out of bathrooms.

Duane
 
I would rather my wife and little girl see a man who looks like a woman using the bathroom like a woman

Where does a 6' tall dude with full beard, heavily pierced/tattoo'd face, wearing a nice floral sundress & sandals (saw him/her/it a few weeks ago at Burke Street o_O) fit into your equation?... because the door now opens for those folks too
 
from what i understand.....and ive back away from this topic a lot, i could be out dated...

since the federal DOJ got involved, they said that HB2 was unconstitutional based on gender segregation. Essentially saying its illegal to have private mens or womens restrooms or locker rooms or changing facilities.


now..like i said, ive backed away from this topic, that just what ive gleaned from media headlines.
 
Where does a 6' tall dude with full beard, heavily pierced/tattoo'd face, wearing a nice floral sundress & sandals (saw him/her/it a few weeks ago at Burke Street o_O) fit into your equation?... because the door now opens for those folks too


I know who you are talking about. i work the door there. for only 3.8% of the population, i see a lot of "m" on the ID cards under gender of people who look an awful lot like an "F". becareful what you drag out of a bar these days!
 
Why do we have separate bathrooms anyways?

I mean Ive been in a few ladies rooms and they have a full row of stalls. Men's rooms have a mix of stalls and urinals.

Just make extra large bathrooms, eliminate the urinals and everyone gets 1 private stall.

Make a law that no one can do their business without the door to their stall closed and drop all this non sense.

I'm sure the ladies will love the experience guys get when they have to drop a deuce in public. Try finding a dry seat in the house.
 
So it looks like we (North Carolinians) are going to court over this. Seems like the absolute worst time in history to have to fight this battle what with the current vacancy in the Supreme Court, but here we are. With all the rhetoric out there about it, it seems that good old fashioned common sense is out the window.

For what it's worth, here's my take:

First a little background: I am a heterosexual male with young daughters. I am very protective of these daughters.

That being said, this law - while completely unnecessary in my eyes - should stand and I applaud Pat McCrory for putting it forward. The reason I feel it's unnecessary is that since the dawn of recorded history (Genesis 1), it was made plain the differences between a man and a woman and the need for privacy to in certain anatomical parts. This is the basis for why we have separate public restroom facilities and have for hundreds of years with little to no problems - until recently.

The problems put forward recently were to challenge the status quo to enable a very small minority access to the bathroom of their choosing based solely on an internal "feeling" or association they have toward their identity. There are many facets to this problem that can be broken down into categories.

There are certain things that I can point to as a moral problem, certain things that I can point to as a bio-mechanical problem, certain things that I can point to as a legal slippery slope.

From a moral standpoint, what is seen cannot be unseen. If my daughters go into a rest room or fitting room, odds are good that they will see other women in the process of changing clothes, using the restroom facilities, etc. Girls seeing anatomy that is outside their expected norm is bound to have ramifications. That's a fancy way of saying I don't want my girls seeing guys' junk. I know it will happen eventually, but I can at least hope that it will be in an appropriate time and place.

From a bio-mechanical standpoint, wouldn't it make sense that a woman who "self-identifies" as a man, would have no use for a urinal? So they are just going to use a private stall anyway just as they probably have been for years un-beknownst to the rest of the world anyway. Same thing for a man "self-identifying" as a woman. Without some kind of incredible mega-surgery, he will have no use for the tampon dispensers in the ladies room, either. There are just some things that were put there because they made sense and changing them doesn't.

As for the legal slippery slope this creates, its an impossible law to enforce. It's not like we are going to have police officers standing outside restrooms to check equipment versus documentation. Heck, it's hard enough to card a line of people waiting to get a drink at the Coleseum let alone a dick-check at the door.

The liberal right has pegged this bill as homophobic and bigoted. It may be bigoted, but it's far from homophobic. If a dude "self-identifies" as a woman, don't you think a true homophobe would WANT him to use the ladies room? You wouldn't want him looking over the urinal checking out your junk. But, instead, it's just easier to keep things the way they are. Pat was only trying to counter what was going on in Charlotte with the passage of a similar, but contrary piece of local legislation.

I just hope that the part of this bill about them not being able to sue the State is not in fact the real problem and it causes the whole thing to get shut down. That would be sloppy bill-writing for sure.

Just to play devils advocate here.... but in a few years when you daughters decide to find a job, and they are turned down or discriminated against because they are a woman, are you going to be pissed off? Because of HB2, she can no longer do anything about it in NC. Part of the bill (outside the bathroom) states that you can no longer sue because of discrimination, for any reason at the state level.
 
Where does a 6' tall dude with full beard, heavily pierced/tattoo'd face, wearing a nice floral sundress & sandals (saw him/her/it a few weeks ago at Burke Street o_O) fit into your equation?... because the door now opens for those folks too

I put it in the possible but not probable category. Just like it's possible I walk into a burning building tonight and not walk out, but not probable. If it happens, we'll deal with it. If I worried about everything that could happen I'd never get out of bed. But that's just me.

Duane
 
Just to play devils advocate here.... but in a few years when you daughters decide to find a job, and they are turned down or discriminated against because they are a woman, are you going to be pissed off? Because of HB2, she can no longer do anything about it in NC. Part of the bill (outside the bathroom) states that you can no longer sue because of discrimination, for any reason at the state level.

Ummmmm. Wait what?!?! No matter who is in power, or what bill is put forward, no agency can discriminate against anyone based on race, age, gender, handicap or other defining characteristic. A characteristic is not a "defining characteristic" if it only exists in your head. Hb2 cannot undo the 15th or 19th amendment or whatever.

Hb2 actually reiterates instead of negates the protection of this

SECTION 3.1. G.S. 143-422.2 reads as rewritten:
55 "§ 143-422.2. Legislative declaration.
56 (a) It is the public policy of this State to protect and safeguard the right and opportunity of 57 all persons to seek, obtain and hold employment without discrimination or abridgement on 58 account of race, religion, color, national origin, age, biological sex or handicap by employers 59 which regularly employ 15 or more employees.


Again, based on BIOLOGICAL sex.
 
right...except the bill removes the power of the state to prosecute even though it is illegal. while it is illegal in NC to discriminate based on sex, you have to go to federal level to make a claim.
 
right...except the bill removes the power of the state to prosecute even though it is illegal. while it is illegal in NC to discriminate based on sex, you have to go to federal level to make a claim.
Exactly. It also states you cannot sue based on it either.
 
I put rights in quotation marks because the issues pushed by the gay/lesbian community are not what I understand or consider our civil rights to be. If they would use a term such as "personal agenda" (notice the use of the "marks) I would not need the marks or maybe an asterisk.


What they do at their home is their right but the rest of society should not be forced to view it. Im not judging before you put me in some catagory. I have the right to choose what I believe, stand up for my beliefs, not force my beliefs on others, and to raise a family in those beliefs until such time as they are mature enough to decide for themselves their beliefs.
 
Exactly. It also states you cannot sue based on it either.


I have read the bill three times now and the closest thing I have read to that is this:

§ 143-422.13. Investigations; conciliations.
47 The Human Relations Commission in the Department of Administration shall have the 48 authority to receive, investigate, and conciliate complaints of discrimination in public 49 accommodations. Throughout this process, the Human Relations Commission shall use its good 50 offices to effect an amicable resolution of the complaints of discrimination. This Article does not 51 create, and shall not be construed to create or support, a statutory or common law private right of 52 action, and no person may bring any civil action based upon the public policy expressed herein."


If there is something that I have missed, please quote it for me. I have been mistaken before and it's bound to happen again, but I think a lot of the hysteria surrounding this is assumption based on what the media is reporting and not as a result of actually reading the stuff.
 
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."

The last sentence there discusses lawsuits.

Proponents of the law point to the federal protections, but the remedy under federal and the old state law were not the same.

“Under federal law you have 180 days to go to the EOCC [Equal Employment Opportunity Commission]. Under North Carolina law, as it existed before HB2, if you were fired based on discrimination you had three years to file that claim. You didn’t have to go to any government agency you just went and filed your claim at the courthouse." The old state law also allowed an employee to file within three years versus the federal law that state within 180 days. Also, under the federal law there are caps on damages up to $300,000. The state law had no cap.


On a side note the bill put a limit on minimum wage. No local municipal can create a wage higher than the state. While I agree that minimum wage shouldn't be $15/hr, it should be able to vary by area if there is a COL difference.

As a white heterosexual male, this bill didn't really directly effect me, other than potentially the bathroom piece. I don't think McCrory had much of an option in passing the bill, and I applaud him for standing his ground. I'm just trying to show that the bill is bigger than just the bathroom.
 
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This still seems like a lot of fear mongering without any data to point to an actual problem that needs solving. Out of curiosity, has anyone actually seen any real-world data? I haven't seen any, but I haven't been looking. It's chasing the boogie man as far as I'm concerned.

All of a sudden this is the most important thing that we as a state need to fixate on... ....again?
 
This still seems like a lot of fear mongering without any data to point to an actual problem that needs solving. Out of curiosity, has anyone actually seen any real-world data? I haven't seen any, but I haven't been looking. It's chasing the boogie man as far as I'm concerned.

All of a sudden this is the most important thing that we as a state need to fixate on... ....again?


Well, South Carolina cornered the hate market with their Confederate flags, so we apparently have to follow suit with gay bashing bathroom policing.
 
All of a sudden this is the most important thing that we as a state need to fixate on... ....again?

One reason people are fixating on it right now is how much "money" it is costing the state with a few companies not moving companies here and others halting hiring due to it. Hell even the NBA is threatening the all star game and Michael Jordan said he would move the hornets over it. I think without all that you wouldn't be hearing as much about it.

I am surprised though that the part about not being able to sue isn't getting more traction and talked about. McCory even said they should clarify that part as it is not the intent, but they haven't done anything about it yet. Suing in a federal court is so expensive people won't do it if they face normal discrimination.
 
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