Running head: ISSUE IDENTIFICATION

North Carolina: HB2 Bathroom Bill

Samantha Statham
Capella University

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According to Merriam-Webster, ethics is defined as rules of behavior based on ideas
about what is morally good and bad; an area of study that deals with ideas about what is good
and bad behavior; a branch of philosophy dealing with what is morally right or wrong; a belief
that something is very important (Merriam-Webster, n.d.). An ethical dilemma, according to
Wikipedia, is a complex situation that often involves an apparent mental conflict between moral
imperatives, in which to obey one would result in transgressing another. Transgender individuals
are individuals who have a gender identity, or gender expression that differs from their assigned
sex. It could also include people who are not exclusively masculine or feminine or people who
belong to a third gender, either by themselves or by society, as neither man nor woman. Being
transgender is independent of sexual orientation as transgender individuals may identify as
heterosexual, homosexual, bisexual, asexual, or may consider conventional sexual orientation
labels inadequate or inapplicable (Wikipedia, 2016).
John F. Oliven, a Psychiatrist at Columbia University coined the term transgender in 1965
in his reference work Sexual Hygiene ad Pathology. He wrote that the term transsexualism,
which had previously been used, was misleading, stating that transgenderism is meant, because
sexuality is not a major factor in primary transvestism. The term transgender was then
popularized with a variety of definitions by various transgender, transsexual and transvestite
individuals. The concept of a transgender community developed by 1984, in which transgender
was used as an umbrella term. By 1992, the International Conference on Transgender Law and
Employment Policy defined transgender as an expansive umbrella term including transsexuals,
transgenderists, cross dressers and anyone transitioning (Wikipedia, 2016).
Ethical Dilemma With North Carolina HB2 Bathroom Bill and Transgender Individuals

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A bathroom bill is the common name for either legislation or statute that seeks to regulate
access to public facilities, namely restrooms, on the part of transgender individuals on the basis
of their sex they were assigned at birth. North Carolina Governor Pat McCrory signed into law
the Public Facilities Privacy and Security Act, a bathroom bill that applies to students at North
Carolina state schools in March of this year. The bill also overturned an LGBT antidiscrimination ordinance that had been passed by Charlotte, North Carolina, prevents local
governments in the state from enacting similar ordinances. August 26, 2016, a US District Court
judge granted a preliminary injunction preventing the University of North Carolina from
enforcing the restroom provisions of the bill. The Public Facilities Privacy & Security Act,
officially called An Act to Provide for Single-sex Multiple Occupancy Bathroom and Changing
Facilities in Schools and Public Agencies and to Create Statewide Consistency in Regulation of
Employment and Public Accommodations but commonly known as House Bill 2 or HB2, is an
act passed in the U.S. state of North Carolina this year. Described as the most anti-LGBT
legislation in the United States, proponents of HB2 call it common sense legislation, while
advocates of repeal say replacing it with an anti-discrimination law is common sense
(Wikipedia, 2016).
Issues Involved
A controversial element of the law eliminates anti-discrimination protections for gay,
bisexual, transgender, genderqueer, and intersex people, and legislates that in government
buildings, individuals may only use restrooms and changing facilities that correspond to the sex
on their birth certificates. This prevents transgender individuals who cannot alter their birth
certificates from using the restroom based on their gender identity. In North Carolina, only
individuals who have sex reassignment surgery can chair the sex on their birth certificates. In

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March, North Carolina House of Representatives and the North Carolina State Senate passed
House Bill 2 and was signed by Governor McCrory. Supporters of the bill said the Charlotte
ordinance was sloppily written and overreaching, and that in their view its wording essentially
did away with single-sex bathrooms. HB2, however it does not contain any guidance on how it is
supposed to be enforced, nor does it name any specific crimes or penalties. Several cities in
North Carolina have expressed concern regarding a lack of clarity on how the law should be
enforced and an unwillingness to devote police resources to monitor bathrooms (Wikipedia,
2016).
In May this year, the United States Department of Justice sued Governor Pat McCrory,
the North Carolina Department of Public Safety, and the University of North Carolina system
because House Bill 2 violates Title VII of the Civil Rights Act, Title IX of the Education
Amendments of 1972, and the Violence Against Women Act. The very same day, North
Carolinas governor and legislative leaders filed two separate lawsuits against the Department of
Justice to defend the law (Wikipedia, 2016)..
In a one-day specially convened session, North Carolinas legislature passed a sweeping
law that reversed a Charlotte ordinance that had extended some rights to people who are gay or
transgender. The law passed by the General Assembly and signed by Governor Pat McCrory,
goes further than a narrow elimination of Charlottes ordinance, which had generated the most
controversy by a change that protected transgender individuals who use public restrooms based
on their gender identity. The new law also nullified local ordinance around the state that would
have expanded protections for the LGBT community. A national debate over legal protections for
the Lesbian Gay Bisexual Transgender (LGBT) community was sparked when North Carolina

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passed a law that established a statewide non-discrimination policy that excludes gender identity
and sexual orientation (Seward, 2016).
Relevance
As of April, it has been reported that North Carolina has lost an estimated $39.7 million
in revenue, more than 1,750 jobs and more than $77 million of investments and visitor spending
from HB2. Charlotte Chamber of Commerce estimated Mecklenburg County has lost $285
million and 1,300 jobs from the loss of PayPal and the estimated 908 spinoff jobs they estimated
it would have produced from markets such as tourism and hospitality, the film industry, sports,
music and performances. The NBA, NCAA, NFL, and ESPNs X games have spoken against the
law, reconsidering plans to host future sporting events in North Carolina. Adam Silver, the NBA
Commissioner informed the governor and legislature it would be problematic to move forward
with plans for the 2017 All-Star game to be in Charlotte, and was therefore pulled out of
Charlotte, which put the potential economic loss of the state over an estimated $100 million
(Wikipedia, 2016).
North Carolinas HB2 which requires transgender people to use the restroom that
corresponds to the sex on their birth certificate, rather than their self-identified gender, has been
one of the most controversial pieces of legislation in recent months. Governor McCrory filed suit
against the Department of Justice after the announcement that HB2 violates constitutional rights,
asking federal courts to re-examine the ruling. The DOJ in turn filed a countersuit against North
Carolina stating HB2 violates federal civil rights laws. Even though there are currently no studies
that prove predators exploit LGBT-friendly bathroom legislation to commit crimes, proponents
of the bill are calling it a common sense safety measure. While Governor McCrory and HB2
supporters are not admitting they are wrong, others feel it is a clear act of LGBT discrimination.

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Unfortunately, the state has suffered economically because of the administrations stance
(Balaconis, 2016).
Transgender individuals are nervous about going to the bathroom in public out of fear of
being confronted. Pat McGarry is a 20 year old student at the University of North Carolina in
Greensboro, North Carolina, and is a transgender man. However, his birth certificate says he is a
female and North Carolinas law states it is illegal for him to use the mens room at school.
McGarry said I really try not to go to the bathroom at all. When I was still in school for the
semester, I literally had to walk two buildings down to legally use the restroom, and thats the
kind of situation transgender people are being put in all over the place now. North Carolina
became the first state to ban people from using government-owned bathrooms and locker rooms
that dont match the gender on their birth certificate. Los Angeles Times has interviewed multiple
transgender individuals from North Carolina who have stated that going to the public bathrooms
has become a daily choice between risking their personal safety or breaking the law.
Ethan Mayo is an 18 year old transgender individual who started his gender transition this
year talked about how he struggled over the right time to switch bathrooms. He started using the
mens room at his Charlotte, NC high school when he says he started getting more weird looks in
the girls bathroom. Mayo said I didnt want to feel out of place, I guess. Not long after he
started using the mens bathroom another student complained. After being quizzed about his
bathroom habits from a teacher, Mayo said the schools administration quietly urged him to us a
single-person restroom on campus (Pearce, 2016).
Importance of Issue
I chose this particular issue because as an African American woman this issue is no
different than the types of issues African Americans went through for many years and are still

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enduring, to get the same equal rights as others. It seems to me that state and local government
officials are so busy suing and countersuing over the bathroom gender dilemma that they have
forgotten transgender individuals are humans and have the same civil rights as others. It seems to
be more of a paranoia that is sweeping the nation, than a problem that needs to be solved. Am I
the only one wondering why now, especially since transgender individuals have always been
using bathrooms of their choosing as long as bathrooms have been around. There appears to be a
wave of fear from certain individuals over the possibility of sharing a bathroom with someone
who identifies with a different gender, when truth be told, the likelihood of it having already
happened is relatively high and we are completely oblivious of it. Should it not be addressed like
the Dont Ask, Dont Tell law from the military? If we dont know we are sharing a bathroom
with a transgender individual, how does that affect us in any way? The message being sent to the
LGBT community is that their feelings do not matter and as citizens of the state of North
Carolina, our state is suffering with the loss of potential revenue, jobs and our reputation. We as
citizens of this great state need to take a stance against such an unethical issue where the
government has managed to take such a private matter as using the bathroom, and made it a
major relevant issue without considering the needs and feelings of all the individuals that
suffering the backlash.
Transgender individuals are left feeling like bathrooms can be dangerous for them,
especially whose gender transition is in progress. As their appearances change, they find it
difficult to know when it is best to stop using one genders bathroom and switch to using another.
HB2 has caused boycotts, lawsuits and institutional pressure from both sides of the issue (Pearce,
2016).

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References
Balaconis, Z. (2016). What Does North Carolinas HB2 Lawsuit Mean? The Governor Says Its
Been Misinterpreted. Retrieved from http://www.romper.com/p/what-does-northcarolinas-hb2-lawsuit-mean-the-governor-says-its-been-misinterpreted-10311
Bathroom Bill. (2016). Wikipedia.com. Retrieved from
https://en.wikipedia.org/wiki/Bathroom_bill
"Ethic." Merriam-Webster.com. Merriam-Webster, n.d. Web. 30 Aug. 2016. Retrieved from
http://www.merriam-webster.com/dictionary/ethic
Ethical Dilemma. Wikipedia.com. (2016). Retrieved from
https://en.wikipedia.org/wiki/Ethical_dilemma
Pearce, M (2016). What its like to live under North Carolinas bathroom law if youre
transgender. LA Times.com. Retrieved from http://www.latmes.com/nation/la-na-northcarolina-bathrooms-201160601-snap-story.html
Seward, C. (2016). Understanding the transgender movement in America. The Charlotte
Observer.com. Retrieved from http://www.charlottesoberserver.com/news/state/northcarolina/article72474797.html