North Carolina Legislature passes compromise to repeal 'bathroom bill'

A new sticker designates a gender neutral bathroom
A sticker designates a gender neutral bathroom at Nathan Hale high school Tuesday, May 17, 2016, in Seattle.
Elaine Thompson | AP 2016

North Carolina state legislators have passed a compromise measure to repeal most of the state's controversial "bathroom bill," member station WUNC reports.

The measure now moves to Gov. Roy Cooper, who has supported the compromise — saying previously, "it's not a perfect deal, but it repeals House Bill 2 and begins to repair our reputation."

The deal was announced late on Wednesday by Republican state lawmakers and the Democratic governor. They said they had agreed on a way to repeal HB2, the law that restricts the abilities of transgender people to use the restroom corresponding to their gender identity — just in time for a NCAA deadline.

The agreement removes the limits on trans bathroom use but "would still leave state legislators in charge of policy on public restrooms," WUNC reports. Like HB2, it also blocks local jurisdictions from passing anti-discrimination measures protecting LGBT people — but only for a few years, not indefinitely.

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Debate on the measure showed Democrats were divided on the measure, WUNC's Jeff Tiberii reports. You can see more coverage of the debate at WUNC's website.

LGBT activists quickly denounced the proposal, which would limit the ability of local officials to extend protections to transgender people for at least four years.

The compromise has also angered some conservatives who supported the original measure. One senator who supported the bill spoke during the Senate debate on Thursday, calling it "at best a punt; at worst, a betrayal of principle," Tiberii reports.

Republican leaders Rep. Tim Moore and Sen. Phil Berger of North Carolina's General Assembly said in a statement late Wednesday: "Compromise requires give and take from all sides, and we are pleased this proposal fully protects bathroom safety and privacy."

According to Moore and Berger, the bill leaves regulation of "multi-occupancy facilities to the state" and puts in place a "temporary moratorium on local ordinances similar to Charlotte's until December 1, 2020 to allow federal litigation to play out."

Democrat Cooper, who eked out a win over former Republican Gov. Pat McCrory in November's election, said he supports the bill.

The agreement was reached shortly before a deadline that would have caused North Carolina to lose the option of hosting NCAA basketball championships, Reuters reports.

The college athletic association and other civic and business groups had taken steps to sanction or boycott North Carolina because of the law.

It's not yet clear whether the deal, as passed by the Legislature, will pass muster with the NCAA.

Lawmakers passed HB2 in March 2016 under McCrory. It requires transgender people to use the bathroom corresponding to the gender on their birth certificate in government buildings. The law also limits localities' ability to pass nondiscrimination protections for lesbian, gay, bisexual and transgender people.

State lawmakers passed the measure in response to a Charlotte ordinance that would have protected the rights of transgender people to use restrooms corresponding to their gender identity.

Chad Griffin, president of the LGBT rights organization Human Rights Campaign, tweeted that the deal was a "state-wide prohibition on equality" and "doubles down on discrimination."

Previous deals to repeal HB2 have fallen apart.

Earlier this week, The Associated Press estimated that a continuation of HB2 would cost North Carolina $3.76 billion over the course of 12 years.