As 2020 faded into obscurity, it brought an end to a number of problems, though clearly an array of issues still face us in the new year. Among the stories swept away by turbulence at the national level was the expiration of a remnant from House Bill 2, a notorious North Carolina law that required transgender folks to use bathrooms corresponding to their biological sex.
HB2, as the law became known, was repealed in 2017 following immense pressure from LGBTQ rights activists and many large corporations threatening to halt investment in North Carolina. In its place, the state legislature passed HB142, which prevented local governments from passing anti-discrimination ordinances until December 2020. That moratorium has now expired, and several locations have passed ordinances protecting LGBTQ folks in housing and the workplace, including Durham, Chapel Hill and Orange County.
Raleigh and Wake County already have laws on the books preventing discrimination based on sexual orientation and gender identity. However, for people in the LGBTQ community not privileged to live in one of the urban areas where such laws are on the books, discrimination may be perfectly legal in housing or health care — an enormous oversight for a state in the 21st century. Municipalities across the state should use their newly reclaimed power to protect their LGBTQ citizens as soon as possible, and North Carolina’s state legislature should get to work on codifying such protections immediately.
Civil rights advocates won a victory at the Supreme Court last July, when the court ruled that Title VII of the Civil Rights Act protected people from discrimination in employment on the basis of sexual orientation and gender identity. However, this does not prevent discrimination by landlords or health care providers, both of which can have a severe impact on one’s standard of living.
One 2020 study examines the prevalence of discrimination against LGBTQ folks in housing, finding that in addition to a high prevalence of young people being kicked out of their homes, many face higher mortgage rejection rates, difficulty utilizing homelessness prevention services and other challenges at all ages.
While local ordinances prohibiting this sort of discrimination is immensely valuable when vigorously enforced, passing legislation at the state level would allow many more resources to be applied to fighting these issues. It would also smooth out the patchwork of local policies, which at present means LGBTQ folks could unexpectedly face discrimination when accessing services in different jurisdictions.
Strong anti-discrimination laws at the state level would also provide the additional benefit of recognizing and validating people of all identities and orientations. Civil rights for everyone should not be a partisan issue; indeed, large majorities of all parties are in favor of broad protections. Passing these laws under our current divided government should be an easy way to build real unity in state government, a goal strongly proclaimed by the current legislative leaders following the Capitol riots. HB2’s legacy is very nearly scrubbed from North Carolina’s record; we should use this opportunity to bury that chapter of our state’s history firmly in the last decade.
