Johnetta Sarkorh Sarkorh 1

Rocca

IBMYP Civics & Economics 2A

January 5 2016

House Bill 2 Bathrooms

The House Bill 2 law was passed by the General Assembly and signed on the same night
by Governor Pat McCrory. This bill goes further than the elimination of Charlottes ordinance,
which had provoked the most controversy by a change that was suppose to protect transgender
people who use public restrooms based on their gender identity. The new law also nullified local
ordinances around the state that would have expanded protections for the LGBT community.
Charlotte passed an ordinance that basically gave transsexuals what they always wanted, equal
protection under the law in public accommodations. Move to about a week later and then you
have politicians passing around the House Bill 2 that basically negates Charlotte's previous
ordinance because people it restricts public bathrooms, locker rooms, and whatnot to biological
sex. House Bill 2 says that biological sex is defined by what's on the birth certificate. It is a well
known fact that transsexuals can get a sex change and then would be free to use the bathroom
they want. But many North Carolinians see this as a point of discrimination sadly because
everybody and these lawmakers are well aware that not every transsexual can afford to get a
complete surgery. Sex change surgery can range from $7,000 to over $50,000 depending on sex
and the procedure.
People should use restrooms, locker rooms, fitting rooms, or any type of public changing
facility that requires privacy based on their biological sex. The law is not anti-transgender.
Instead, lawmakers just understand the unintended consequences of passing a public ordinance
of protecting citizens based on gender identity. People can easily fake gender identity issues and
enjoy certain privileges. House Bill 2 makes it harder for those types of people by requiring
people with gender identity issues to legally change their sex by undergoing sex reassignment
surgery. If the surgery is too expensive, regarding the law itself, that's neither here nor there.
That's an issue that needs to be taken up with the medical industry.
For the law to be discriminatory, it must target transgender people and deny them rights
in favor of others. Not only does the law not target transgender people, but transgender people
are not even mentioned by the law. Instead, the law simply claims that students in learning
facilities must use public bathrooms, locker rooms, or any other type of changing facility based
on their biological sex. The law defines "biological sex" as the sex mentioned a person's birth
certificate. Transgender people still have the right to use any sort of these facilities as long they
use the facility meant for whatever sex is listed on their birth certificate. North Carolina law
allows people to change the sex on their birth certificate as long as they can provide proof from
their doctor that they underwent sex-reassignment surgery. If transgender people have yet to
undergo surgery, because they still have their birth genitals, they have no business using the
facilities meant for the opposite sex in the first place. If they can't afford to undergo surgery, then
they are better off being more comfortable with their birth sex instead of being transgender.
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Therefore, the law is not discriminatory. Personally, I believe the law is good. Cases have also
existed where offenders have intended to sexually assault others in public bathrooms. This law
can prevent people with such predatory potential from claiming they suffer from "gender identity
issues" simply to use a facility meant for the opposite sex, which would be mighty possible
considering that Charlotte passed an amendment with a non-discrimination ordinance prohibiting
discrimination on the basis of sexual orientation or gender identity in public accommodations.
Instead of people believing everything the media says, they are better off reading the law
themselves and consider the positive things that can result in the law being passed.
Transgender people want to go to the bathroom of the gender they identify as. This can
make a lot of other people in the bathroom feel uncomfortable. Many transgender women may
say that they "have a females brain but theyre in a males body" and transgender men may say
the opposite. The whole reason for gendered bathrooms is the difference in a man and a woman's
body it was realized that people feel uncomfortable going to the bathroom or even changing next
to someone with a body that does not resembles theirs. If the only difference between males and
females were their brains, there would not be a need for separate bathrooms.
Bathrooms aren't a huge issue. The bigger problem is the locker rooms. If you tell every
high schooler in the country that they can get access to the girl's locker room by claiming they
feel like a girl, at least most of them are going to take you up on that. In California, for example,
Gov. Jerry Brown pushed a bill that says school children may choose which school bathroom
they use based on how they "identify." So if a 13 year old boy wants to just go hang out in the
bathroom with 10 year old girls, all he has to say is that he identifies as a girl and there is nothing
a school can do except to be prepared for very costly lawsuits. This North Carolina law of House
Bill 2 was designed to preemptively prevent such a legal morass that could result from letting
citizens use the restroom however they identify themselves.
Even though I agree with the General Assembly the big issue here is that it displaces
many transsexuals that can't change what is on their birth certificate because it forces them to use
a bathroom that makes them and others feel uncomfortable. The problem with this idea is simple,
Who is going to check your birth certificate before you use the restroom? What if someone was
shown as a male on their birth certificate but they have had a sex change so to the on looker,
maybe you and your family, they appear to look like a women. In a restaraunt they need to go so
they walk in after your 7 years old son and enter into the men's room. Same goes for someone
that is shown to be a female on their birth certificate and after a sex change now appear to be a
male, are you going to be okay with them walking in behind your 5 year old daughter as they go
to the restroom? Most likely many people would not be okay with these situations. Both people
who argue for these two different sides have good reasoning but there are flaws in both of them.
One being that agreeing with House Bill 2 could make people feel discriminated against and
another being that disagreeing with the House Bill 2 could cause a huge risk in the restrooms.
Maybe a compromise should just be put together like so many have in American history.
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Bibliography:
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Domonoske, Camila. Repeal Of North Carolina's HB2 Law Fails As Legislature Adjourns
Special Session. NPR. NPR. 21 December 2016. Web. 01 January 2017.
<http://www.npr.org/sections/thetwo-way/2016/12/21/506421278/fate-of-north-carolinas56-
hb2-law-unclear-vote-expected-later-today>

Gordon, Michael., Price, Mark., Peralta, Katie. Understanding HB2: North Carolinas newest
law solidifies states role in defining discrimination. Charlotteobserver. Charlotteobserver.
26 March 2016. Web. 01 January 2017. <http://www.charlotteobserver.com/news/politics-
government/article68401147.html>

Glazier, Rick. 18 Questions, 18 Answers: The real facts behind House Bill 2. NCjustice.
NCjustice. Web. 01 January 2017. <http://www.ncjustice.org/?q=18-questions-18-answers-
real-facts-behind-house-bill-2>

Lloyd, Harold. Toilets, Trials, and Tolls: Cleaning Up After Pat McCrory. The Huffington Post.
TheHuffingtonPost.com. 31 December 2016. Web. 01 January 2017.
<http://www.huffingtonpost.com/harold-lloyd/toilets-trials-and-tolls_b_13914446.html>

Epps, Garrett. North Carolinas Bathroom Bill Is a Constitutional Monstrosity. The Atlantic.
Atlantic Media Company. 10 May 2016. Web. 01 January 2017.
<http://www.theatlantic.com/politics/archive/2016/05/hb2-is-a-constitutional-
monstrosity/482106/>