A proposed bill was leaked to WBTV news today that would significantly change HB 2.
The reporter on the story is Nick Oschner. One may recall his ambush video of Speaker Tim Moore over his unitemized credit card charges. It was a bizarre story with weird twists and turns. House leadership were told to avoid him. Apparently they didn’t listen.
The WBTV article cites a ‘anonymous source’ handing over the bill and that ‘General Assembly leadership’ have apparently been meeting with the NBA with regards to this bill.
Wait, what? The NBA is dictating legislation in our state? Legislators should know by now that lying down with dogs will likely land you with fleas.
How is this any better than the Human Rights Campaign directing the Charlotte Council on their illegal ordinance?
The first reaction to the story was in Oschner’s Twitter Timeline — it was of course Rep. Chris Sgro. Or was that Executive Director of Equality NC Chris Sgro? Who can tell anymore, so flip a coin to decide. He has ALREADY sent out an email complaining.
Of course, Sgro called it a ‘non-fix’ because he will not be happy until HB2 is rescind.
— Chris Sgro (@cristoferosgro) June 28, 2016
I ask if Sgro was the anonymous source and the answers I received can be viewed in the conversation here.
I spoke to the McCrory campaign and to the Lt. Governor’s office. The Governor’s office would only say they were ‘aware of the bill’. Sources in the Lt. Governor’s office said they only found out about it earlier today.
The bulk of the bill is aimed at allowing individuals to sue for employment discrimination. One of the additions made in this area includes the introduction of a new document that recognizes sex reassignment.
Among the draft bill’s biggest changes is the creation of an official document that would recognize a person’s gender reassignment. The new document, which is treated as the equivalent as a birth certificate in the draft legislation, is referred to as a certificate of sex reassignment.
“An individual who (i) was born in another state or territory of the United States that does not provide a mechanism for amending a current certificate of birth or issuing a new certificate of birth to change the sex of an individual following sex reassignment surgery and (ii) resides in this State at the time of the written application may request a certificate of sex reassignment from the State Registrar,” the legislation reads. “The State Registrar shall issue a certificate of sex reassignment upon a written application from an individual accompanied by a notarized statement from the physician who performed the sex reassignment surgery or from a physician licensed to practice medicine who has examined the individual and can certify that the person has undergone sex reassignment surgery.”
This is good. I’ve personally maintained that HB2 should have been two bills – one for facilities and one for employment considerations.
However, the six page long bill has one section which re-writes HB 2’s facilities access restrictions of biological sex.
Here is the section:
Section 3 (A) refers to the Title II of the Civil Rights Act, which says in part that “All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination on the ground of race, color, religion, or national origin.”
Here’s the problem. It’s a matter of time until Title II is re-written via Executive Order.
President Obama’s Executive Order 13672 signed July 21, 2014 orders the Equal Opportunity Employment Commission to add gender orientation and gender identity in place of ‘sexual orientation’ for all documentation pertaining to workplace discrimination for federal employees.
EO 13967 blocked discrimination in the civilian federal workforce on the basis of gender identity but it also blocked it and in hiring by federal contractors, almost all of which are private entities. Read the Dept. of Labor document on implementation of EO 13967.
All government entities from OPM to the EEOC to OSHA have since issued guidelines replacing sexual orientation with gender identity or gender orientation. These entities are using Executive Order 13672 as the basis for extended rule-making that is now being treated as law.
Most recently, the Office of Special Counsel added a ‘gender transition coordinator’ and adopted the ‘pronoun’ language.