Page 21 - 2018_Jour_85-1_Societal-Issues

Schools and Societal Issues 21

a broadened view of gender identity, others are “uncomfortable” and not so accepting or
even hostile.
This social revolution has spurred numerous debates within families and among school
boards, churches, businesses, and especially politicians. One key issue that has emerged in
all the debates is related to access to bathrooms based on gender identification rather than
the gender assigned at birth. An example from North Carolina reflects the debate across
many states.

HB2 North Carolina “Bathroom” Bill
In February 2016, Charlotte, North Carolina’s largest city, passed an ordinance that
allowed people to choose a bathroom based on their gender identity. In response, in March
of 2016, the Republican-controlled state legislature passed a law, House Bill 2 (HB2),
in an emergency session that said persons must use public restrooms and locker rooms
based on the sex stated on their birth certificates. HB2 also limited citizens’ right to appeal
wrongful termination on the basis of discrimination (Bauerlein & Kamp, 2016).
The law was debated and approved by the legislature and signed by Republican
Governor Pat McCrory in 12 hours, making North Carolina the first state to pass such
a law. The new law would impact an estimated 37,800 transgender people in the state,
including 15,600 youth aged 13 to 19 (Brauelein, 2016).
The law set off a firestorm of debate and reactions. The PayPal Company canceled a
plan to build a facility in the state, and Deutsche Bank froze its plan to expand in the state,
eliminating 650 potential jobs. Rock stars such as Bruce Springsteen canceled concerts
(Bauerlein & Kamp, 2016). Other companies threatened to cancel business in the state,
basketball games were moved, organizations canceled conventions, and several states
banned nonessential business travel to North Carolina (Chapman, 2016).
The Federal Justice Department filed a lawsuit against the state contending that
transgender people are protected under the Civil Rights Act of 1964 that bars discrimination
based on race and sex. U.S. Attorney General Loretta Lynch argued the North Carolina
law amounted to “state-sponsored discrimination against transgender individuals, who
simply seek to engage in the most private of functions in a place of safety and security—a
right taken for granted by most of us” (2016). She noted that the Justice Department
lawsuit “is about a great deal more than bathrooms,” and that the “action is about the
dignity and respect that we accord our fellow citizens” (Bauerlein & Devlin, 2016). North
Carolina filed a countersuit, and Governor McCrory said that the “Obama administration
is attempting to rewrite the law and set restroom policies for public and private employers
across the country, not just North Carolina” (Bauerlein & Develin, 2016). He argued that
transgender status is not protected in the 1964 Civil Rights Act.
While the North Carolina legislature remained under Republican control following the
November 2016 election, Pat McCrory lost his reelection bid to Democrat Roy Cooper,
who, as the attorney general of North Carolina, had not enforced HB2 and lobbied for its

Dr. Barbara Perry-Sheldon is retired from North Carolina Wesleyan College, where she
directed the teacher education program. A member of Alpha Gamma Chapter, she serves as
Executive Secretary for North Carolina State Organization and is a member (2014–2018)
of the editorial board for DKG. bpsheldon@aol.com