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HB2 Strikes Again

pourdeac said:
You mean the part that was reversed?
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It wasn't "reversed". From the Washington Post on Executive Order 93 that addressed a myriad of topics on HB2:

Among its major provisions, Executive Order 93:

Called on the state legislature to reinstate North Carolinians’ right to sue in state court for discrimination.

Expanded state employees’ discrimination protections to cover sexual orientation and gender identity. But it’s unclear whether he has the authority to make this change, since HB2 limited nondiscriminatory policies to “biological sex.” Katharine Bartlett, a former dean of Duke Law School who now teaches employment discrimination and gender and the law there, said it’s unclear that McCrory has the authority to overrule state statute by expanding state employees’ rights.
It also “affirmed,” i.e., restated, two points about HB2:

That private businesses can set their own bathroom policies. But businesses already had this right under the law.
That private businesses and local governments can establish their own non-discrimination policies. But again, businesses had this right under the law. For local governments, it’s not clear whether they really can set their own non-discrimination policies, since state law preempts local control. Some local governments have said they wouldn’t be able to, since they have to abide by state law.
“This executive order either does not address the most significant provisions of HB2, or does so in a way where it’s not clear he has the authority to do so,” Bartlett said.

A governor’s executive order covers the executive branch, and McCrory can’t use it to overturn state law, said Michael Gerhardt, a constitutional law expert and professor at the University of North Carolina School of Law. Moreover, the executive order maintains the controversial bathroom provision.
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In addition, it hasn't been "reversed" because the Republicans in charge do not think the state even needs to be involved in those lawsuits, and said as much:

Although McCrory includes his request to roll back the provision on wrongful termination lawsuits in the executive order, only the General Assembly can carry out such a rollback.

"Gov. McCrory just put to rest the left's lies about HB 2 and proved it allows private and public employers, non-profits and churches the ability to adopt nondiscrimination policies that are stronger than state and federal law," Senate President Pro Tem Phil Berger said through a written statement.

"Governor McCrory’s Executive Order affirms the importance of the actions the General Assembly took in passing the Bathroom Bill to protect North Carolina citizens from extremists’ efforts to undermine civility and normalcy in our everyday lives. Private businesses are free to decide for themselves restroom, dressing room and non-discrimination employment policies that best suit their business and employee needs without inconsistent mandates by cities and counties," House Speaker Tim Moore said in a statement.

Neither Berger, R-Rockingham, nor Moore, R-Cleveland, addressed whether the legislature would take up a repeal of the lawsuit provision.

Rep. Nelson Dollar, R-Wake, said House leaders would consider the request, but he defended the change, saying he believes federal court is a better option for pursuing job discrimination claims.

"There was some concern that had been expressed about losing the state court option, which is frankly a smaller option, a more limited option," Dollar said. "When you look at those two, the remedies in the federal system are quite a bit more robust."
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Deacsfan27 said:
I think it's fair to say that both sides have acted irresponsibly in this.

While I understand WHY the Charlotte ordinance was passed, I don't think it was an pervasive problem in the current landscape.

The reaction by the GOP was equally bad to begin with, and the continued double-down ("no economic losses", hastily passed HB2 that didn't consider consequences, last night's press release, etc), is absolutely ridiculous.
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They had video of that Kami chick's comments on Sportscenter this morning. She's hot, but oof. It sounded worse than it reads.

Agreed Doofus.
 
scooter84 said:
Have those states analyzed all the laws of all the other states to make sure they meet their standards?
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If other states have laws that are passed to intentionally discriminate against people, the same thing would happen.

It's also not like NC's legislature hasn't just been found by the federal courts to have created a law that would “target African-Americans with almost surgical precision”.

It seems like the NC legislature is passing laws thinking it's 1956 not 2016.
 
RJKarl said:
If other states have laws that are passed to intentionally discriminate against people, the same thing would happen.

It's also not like NC's legislature hasn't just been found by the federal courts to have created a law that would “target African-Americans with almost surgical precision”.

It seems like the NC legislature is passing laws thinking it's 1956 not 2016.
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Thanks for the update.
 
JuiceCrewAllStar said:
Replace "trannies" with the n word are you've got a post from the Jim Crow message boards.
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LOL...yeah, because the "haters" who passed the law want "trannies" in dresses to shower, change, and pee in the urinal next to them! That's sooooo Jim Crow!
 
Deacsfan27 said:
I think it's fair to say that both sides have acted irresponsibly in this.

While I understand WHY the Charlotte ordinance was passed, I don't think it was an pervasive problem in the current landscape.

The reaction by the GOP was equally bad to begin with, and the continued double-down ("no economic losses", hastily passed HB2 that didn't consider consequences, last night's press release, etc), is absolutely ridiculous.
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Not only was the Charlotte ordinance completely unecessary, McCrory pretty much called his shot what he would do if they did pass it and then they went right ahead and did it anyway. So much attention seeking on both sides, neither side seems particularly interested in helping North Carolina
 
tintinisahottie said:
Not only was the Charlotte ordinance completely unecessary, McCrory pretty much called his shot what he would do if they did pass it and then they went right ahead and did it anyway. So much attention seeking on both sides, neither side seems particularly interested in helping North Carolina
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A little more egregious when it's the governor of the entire state rather than just Charlotte's city council since the latter isn't responsible for the entirety of the state.

Regardless, Pat's boxed in now and going down in flames. He should back away from HB2 and call for its repeal at this point. He's getting crushed in the polls by Cooper (down by six points in the latest RCP aggregate), the far right isn't going to vote for anybody else in the election anyways, and he can try and salvage something. Of course he won't do that because it makes sense.
 
BiffTannen said:
This is why your brother always hedges.
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I admitted I was wrong. Not the first time, nor the last.

It took 4 months for the Governor and GA to do anything about it because they either: didn't know this was a consequence of the law they were passing, or just didn't care.
 
macktheknife said:
The only dumbass on this subject is McCrory, a complete pussy who can't admit he made a mistake. He continues on about bathrooms and forgets the other obnoxious provisions in this bill. Meanwhile people in my county are on bottled water because of his owners, Duke Energy. Billion gallons of coal ash 15 miles from Winston on a River. He owns that too. Complete stooge.
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Yeah, let's be clear that McCrory was going down in flames even before HB2. Coal ash mess and I-77 debacle cost him a lot of people that voted for him last time. Cooper is a formidable opponent as well. HB2 was his Hail Mary.
 
Is the part that says local/county governments cannot decide to pass anti-discrimination ordinances still in effect? That's the worst part, to me. The bathroom thing I see as a solution in search of a problem, that was passed as an attempt to fire up the right's base. Stupid (and intentionally discriminatory) but on a practical level not the worst part. The ban on filing state discrimination lawsuits was egregious, but maybe unintentional. Glad that has apparently been fixed.

But to have the gall to tell local communities that they cannot extend anti-discrimination protections to certain classes is just crazy to me. Especially coming from a group that would generally tout the merits of local governance.
 
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