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UPDATING: North Carolina Governor Issues Executive Order in Response to Anti-LGBT Law Backlash

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In Video Accompanying Executive Order GOP Governor Calls Charlotte Nondiscrimination Law ‘Solution in Search of a Problem’ 

Embattled GOP Gov. Pat McCrory has just issued an executive order that appears to override a small portion of HB2, his sweeping, broad, unconstitutional law that voided all local LGBT nondiscrimination ordinances and banned transgender people from using public restrooms that conform to their gender identity.

NCRM will update this story below with reactions from legal experts as they become available.

Executive Order 93 does not change the ban on transgender people using public restrooms based on gender identity. But it states it will add sexual orientation and gender identity protections to the state’s employment policy for state employees. It also says it will seek “legislation to reinstate the right to sue in state court for discrimination.” That was taken away when he signed HB2 into law.

In the video accompanying his executive order, Gov. McCrory remains steadfast in his opposition to Charlotte’s nondiscrimination ordinance, which was voided by HB2. He called it a “solution in search of a problem,” ensuring he will stand in the doorway to continue to ban transgender people from accessing basic civil rights.

The executive order does not even mention the other sweeping changes HB2 ushered in, including stripping local control over minimum wage laws  and employment discrimination laws.

Here is the video and below, the transcript:

“Hi, I’m North Carolina Governor Pat McCrory.

North Carolina proudly welcomes all people to live, work and visit our great state.

We didn’t become the ninth most populous state in the nation by accident. We have long held traditions of both ensuring equality for all of our citizens and our visitors, while also respecting the privacy of everyone.

We are also a state that strives to allow our people and businesses to be as independent as possible without overreaching government regulations.

These North Carolina values of privacy and equality came into conflict recently when the Charlotte City Council passed a new mandate that forced on businesses a city-wide ordinance of bathroom and locker room regulations, something frankly we had never seen or had before in that great city or in North Carolina.

Simply put, this government overreach was a solution in search of a problem.

In fact, the Charlotte City Council rejected this proposal less than a year ago.

In a letter prior to the most recent vote, I notified the Charlotte City Council that this unnecessary and intrusive mandate conflicts with basic expectations of privacy in the most private of settings.

Therefore, as I expected, the state took action on what was seen as government overreach.

You know, after listening to people’s feedback for the past several weeks on this issue, I have come to the conclusion that there is a great deal of misinformation, misinterpretation, confusion, a lot of passion and frankly, selective outrage and hypocrisy, especially against the great state of North Carolina.

But based upon this feedback, I am taking action to affirm and improve the state’s commitment to privacy and equality.

To that end, today I have signed an executive order with the goal of achieving that fine balance.

This executive order accomplishes the following:

First, it maintains common sense gender-specific restroom and locker room facilities in government buildings and in our schools, and when possible, encourages reasonable accommodations for families and those who have unique or special circumstances.

Second, the private sector can make its own policy with regard to restrooms, locker rooms and/or shower facilities. This is not a government decision. This is your decision in the private sector.

Third, I have affirmed the private sector and local government’s right to establish its own non-discrimination employment policies.

And fourth, as governor, I have expanded our state equal employment opportunity policy to clarify that sexual orientation and gender identity are included.

And fifth, I will immediately seek legislation in the upcoming short session to reinstate the right to sue for discrimination in North Carolina state courts.

Simply put, I have listened to the people of North Carolina, and the people of North Carolina are entitled to both privacy and equality. We can and we must achieve both of these goals.

Now I know these actions will not totally satisfy everyone, but the vast majority of our citizens want common sense solutions to complex issues.

This is the North Carolina way.

Thank you very much, and may God continue to bless the great state of North Carolina.

UPDATE I: 3:00 PM EDT –
Buzzfeed Legal Editor Chris Geidner weighs in via Twitter:

UPDATE II: 3:03 PM EDT –
For those who want to read the actual, full legal text:

UPDATE III: 3:10 PM EDT –
Kate Kendall, head of National Center for Lesbian Rights, a national legal organization, calls it “a cynical political move.”

UPDATE IV: 3:16 PM EDT –

ACLU of North Carolina Acting Executive Director Sarah Preston:
 
“Gov. McCrory’s actions today are a poor effort to save face after his sweeping attacks on the LGBT community, and they fall far short of correcting the damage done when he signed into law the harmful House Bill 2, which stigmatizes and mandates discrimination against gay and transgender people. With this executive order, LGBT individuals still lack legal protections from discrimination, and transgender people are still explicitly targeted by being forced to use the wrong restroom.”

There’s a good deal more on their website.

ACLU National isn’t quite as generous as their local NC affiliate:

ACLU attorney and expert on HB2: 

UPDATE V: 3:33 PM EDT –
Some other opinions:

UPDATE VI: 8:08 PM EDT –

Group of US Senators Asks NBA Commissioner to Move All Star Game Out of North Carolina

 

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.

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‘We’re Not Gonna Fix It’: TN Republican Says Congress Can Do Nothing to Stop Gun Violence – Calls for Christian ‘Revival’

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March 28, 2023

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U.S. Rep. Tim Burchett (R-TN) says there’s nothing the 535 elected officials in the House and Senate can do to reduce gun violence and gun deaths.

“We’re not gonna fix it,” Congressman Burchett said on the steps of the Capitol.

“I don’t see any role that we could do other than mess things up, honestly,” he said in response to Monday’s school mass shooting in Nashville, where three nine-year olds and three adults were shot to death by a shooter with two AR-15 style assault rifles and a handgun.

READ MORE: Tennessee Governor Slammed After ‘Praying’ for Nashville School Community Without Mentioning Mass Shooting

Instead of Congress enacting stricter gun laws, background checks, and a ban on assault weapons, Congressman Burchett said, “you’ve got to change people’s hearts,” as he called for a Christian revival.

“As a Christian, we talk about the church. I’ve said this many times, I think we really need a revival in this country.”

Monday’s shooting at the Covenant Presbyterian Elementary School was the 130th mass shooting this year in America, bringing the death toll from all gun violence across all causes to 9989, including 403 children 17 or younger, according to the Gun Violence Archive.

Congressman Burchett is a member of the far-right Republican Study Committee, which has strong ties to the National Rifle Association (NRA).

READ MORE: ‘Our Children Deserve Better’: First Lady Jill Biden Speaks Out After Six Die in Nashville School Mass Shooting

On Monday, Burchett released a statement saying, “Kelly and I are praying for everyone at The Covenant School, especially the families of the shooting victims. No one should have to go through that kind of horrific event or lose a loved one like that. I’m so thankful to those brave folks who brought down the shooter and took care of the students and their families.”

Earlier this month Rep. Burchett was one of 26 House Republicans on the Oversight Committee who refused to sign a simple two-sentence statement denouncing white supremacy.

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Trump Trying to ‘Pollute the Jury Pool’ With ‘Gibberish and Obstruction’: Analysis

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2 hours ago

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March 28, 2023

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Donald Trump has been hurling ominous warnings and racist insults against Manhattan District Attorney Alvin Bragg ahead of a possible indictment, and legal experts fear those threats could provoke violence in the same way his rhetoric fueled the Jan. 6 insurrection.

The former president has attacked state and federal prosecutors “thugs,” claimed two Black district attorneys are “racist” and used anti-Semitic tropes to suggests he’s the victim of a “globalist” conspiracy and cast doubt on the legitimacy of the prosecutors who are investigating him, reported The Guardian.

“Trump cannot stop the judicial process, although he can try to slow it,” said Stephen Gillers, a New York University law professor. “But he can undermine its credibility through his charges and by mobilizing his supporters. I see what he’s doing now as aimed at them, just as he tried to discredit the election returns in their eyes and anger them with baseless charges over the ‘steal.'”

Trump’s legal defenses have recently weakened after federal courts required some of his top aides, including former White House chief of staff Mark Meadows, to testify in the Jan. 6 grand jury investigation, and compelled the testimony of his current lawyer Evan Corcoran in the classified documents case, and prosecutions in Manhattan and Georgia also appear to be nearing conclusion.

READ MORE: David Pecker is a ‘critical witness’ who could get Trump charged with a ‘second crime’: former prosecutor

“If I were on the prosecution teams in Manhattan or Georgia, I would expect Trump to assert every defense he can think of, including accusing the prosecutors of misconduct,” said Barbara McQuade, a former U.S. attorney for the eastern district of Michigan.

“None of these accusations about the motives of prosecutors, however, will negate the evidence of Trump’s own crimes,” McQuade added. “A jury will focus on the facts and the law, and not any of this name calling. The Trump strategy may work in the court of public opinion, but not in a court of law.”

Trump’s lawyers are using his trusted stalling tactic by raising “specious” objections in Georgia, according to former Watergate prosecutor Phlip Lacovara, and Trump is “trying to pollute the jury pool” with attacks on Manhattan DA Alvin Bragg.

“All he needs is one juror who believes this is all a concocted plot,” Lacovara said.

Trump used many of the same tactics in his attempt to overturn his 2020 election loss, which ultimately led to the deadly U.S. Capitol attack.

“This is more of what we saw during the election,” said Donald Ayer, who served as deputy attorney general in the George H. W. Bush administration. “He throws up gibberish and obstruction.”

 

Image: Hunter Crenian/Shutterstock

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Tennessee Governor Slammed After ‘Praying’ for Nashville School Community Without Mentioning Mass Shooting

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17 hours ago

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March 27, 2023

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Governor Bill Lee quickly drew tremendous outrage in the wake of a school mass shooting where six people including three young children were shot to death. Social media users criticized the Tennessee Republican, who had signed a permit-less gun carry law, for declaring he was “praying for the school, congregation & Nashville community,” without posting any mention of the mass shooting.

Tweeting he was “closely monitoring the tragic situation at Covenant,” Gov. Lee said, “As we continue to respond, please join us in praying for the school, congregation & Nashville community.”

There was no mention of any loss of life, and, as Moms Demand Action founder Shannon Watts passionately noted, the “situation” was a mass shooting.

“If thoughts and prayers alone worked to stop gun violence, there wouldn’t have been a shooting at a Christian elementary school. It’s your actions – including weakening the state’s gun laws – that’s killing kids in Tennessee,” Watts also tweeted. “SHAME ON YOU.”

Gov. Lee signed a permit-less carry bill into law in 2021, at a Beretta gun manufacturing plant.

According to the CDC, as of 2020 – one year before the permit-less carry bill was signed into law – Tennessee ranked tenth in the nation in per-capita firearm mortality.

READ MORE: ‘Our Children Deserve Better’: First Lady Jill Biden Speaks Out After Six Die in Nashville School Mass Shooting

Meanwhile, others took notice of the gun culture Gov. Lee has fostered in “The Volunteer State.”

MSNBC analyst and Bulwark writer Tim Miller commented, “Tennessee governor Bill Lee issued a statement recently about how the drag ban in Tennessee ‘protects children.’ If only he would have instead focused on laws that might have prevented the mass murder of children in his state today.”

Historian Kevin Kruse pointed to an article from last year, after the Uvalde, Texas school shooting, titled: “Rep. Clemmons Seeks Renewed Gun Laws, Gov. Lee Requests Prayer.”

“You chose prayer over gun reforms last year after the Uvalde massacre,” Kruse wrote. “And now here we are.”

The progressive website Tennessee Holler pointed out that Gov. Lee, along with GOP lawmakers, “just appointed Jordan Mollenhour to the [state] board of education— whose company was sued for selling ammo to an underage mass killer (SANTA FE) and sold ammo to at least one more (AURORA) He has ZERO education experience.”

Let’s Give a Damn founder Nick Laparra tweeted, “We are 86 days into 2023. So far, 9859 people have died by gun violence and there have been 128 mass shootings. Meanwhile, @GovBillLee spends his days being outraged over drag queens and CRT and book bans. This is Bill Lee’s and the GOP’s fault.”

See the tweets and video above or at this link.

READ MORE: New WSJ Poll Is Devastating for DeSantis and His ‘Anti-Woke’ Policies

 

 

 

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