North Carolina ‘repeals’ HB2 to satisfy NCAA, anti-LGBTQ discrimination remains legal

Sara D. Davis/Getty Images
4 Comments

Late on Wednesday night, literally hours before an NCAA-imposed deadline that would have prevented the state of North Carolina from hosting any and all NCAA tournament events until at least 2022, the lawmakers in the state announced that they have reached an agreement to repeal House Bill 2, a discriminatory law that is commonly known as the bathroom bill.

The question now is whether or not this repeal will be enough to satisfy the NCAA, who was one of a handful of businesses that pulled out of the state due to HB2. According to the AP, more than $3.7 billion in revenue will be lost over the next decade as a result.

The issue with HB2 isn’t just that it makes it illegal for transgender people to use the bathroom of the gender they identify as. That gets the headlines, but the real damage done by this law is that it curbs legal protections for the LGBTQ community by banning local governments from passing laws to make discrimination illegal for at least three years.

From the New York Times:

Gay rights advocates were harshly critical of the bill. Cathryn Oakley, senior legislative counsel for the Human Rights Campaign, said that the compromise would leave lesbian, gay, bisexual and transgender people with no statewide anti-discrimination ordinance and no ability to seek such protections from local government for a number of years.

“What that means for the L.G.B.T. community is that we continue to be boxed out of nondiscrimination protections,” she said.

Chris Sgro, executive director of the gay rights group Equality North Carolina, said that the proposal “keeps North Carolina as the only state in the country obsessed with where trans people use the restroom through law.”

From the Charlotte Observer:

“The rumored HB2 ‘deal’ does nothing more than double-down on discrimination and would ensure North Carolina remains the worst state in the nation for LGBTQ people,” HRC President Chad Griffin said in a statement. “The consequences of this hateful law will only continue without full repeal of HB2. Sellouts cave under pressure. Leaders fight for what’s right.”

The NCAA had pulled first and second round games from Greensboro for this year’s tournament, instead allowing Greenville, South Carolina, to host the games. That’s significant because the NCAA, in 2002, pulled all events from that state because they flew the confederate flag on the statehouse grounds. The flag came down in 2015, and the NCAA rewarded the state with games; it’s hard not to see that as a statement to North Carolina.

In this year’s tournament, No. 2 seed Duke lost a game to No. 7 seed South Carolina in a game that was played in South Carolina instead of in North Carolina. The location wasn’t the only reason Duke lost that game, but you’ll have trouble convincing me that quasi-home court environment didn’t play a role.