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

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 –

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.