ASHEVILLE, N.C. - While it often takes months to advance new bills through the North Carolina State Assembly, Gov. Pat McCrory has signed legislation lawmakers pushed through this week with sweeping speed.
The State Assembly passed legislation, House Bill 2, that blocks cities from allowing transgender people from using public bathrooms for the sex they identify as, as well as restricting cities from passing broader nondiscrimination laws.
Reverend Jasmine Beach-Ferrara, executive director for the Campaign for Southern Equality, predicts the law will end up costing more than just people's rights.
"As with Amendment One, we saw the state had to expend significant resources to defend an unconstitutional law in court," she says. "Lawyers are exploring whether legal action would be appropriate regarding HB2."
North Carolina has spent more than $100,000 defending Amendment One, which defined marriage as being between a man and a woman. That was ultimately nullified by the U.S. Supreme Court's action regarding same-sex marriage.
After signing this week's legislation, Gov. McCrory tweeted that laws allowing people who are transgender to use public facilities assigned to their identified gender, "defied common sense ... that's why I signed the bipartisan bill to stop it."
In addition to its impact on the LGBT community, HB2 also eliminates a production under state law for employees who are fired because of their race, religion, color, national origin, age, sex or disability.
Beach-Ferrara believes passing legislation that, in her view, will ultimately be defeated in the court system is counterproductive, and not what lawmakers were elected to do.
"What we see here is a systemic pattern of a group of legislators pushing through laws that are based on one thing and one thing only and that's animus," she says. "This is not what our elected officials have been elected to do. Their job is not to cynically use the instruments of government to target people."
According to the Campaign for Southern Equality, there are currently 90 anti-LGBT bills at some stage of consideration in Southern states.
This week, Tennessee lawmakers took a bill that would restrict transgender students' access to bathrooms out of committee so it will not advance to a vote.
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Human rights voices are calling attention to new North Dakota laws deemed hostile toward LGBTQ+ individuals, saying it is part of a movement led by national groups, and does not align with how the state governs itself.
The recent legislative session saw North Dakota and its GOP-led Legislature take a big leap into so-called "culture wars" by passing laws such as one banning gender-affirming care for transgender youths.
Geoff Wetrosky, national campaign director for the Human Rights Campaign, said in the U.S., there have been nearly 1,700 such bills in the past decade. He pointed out organizations such as the Family Policy Alliance are working hard to get them passed in conservative statehouses.
"These organizations have a worldview that just does not comport with a pluralistic society where LGBTQ people are allowed to live freely and not be discriminated against," Wetrosky explained.
In 2021, a trio of the groups joined forces to fund policy efforts, citing the need to protect children's bodies and minds.
Wetrosky noted they often have template legislation for lawmakers to use while pledging to help pay for legal costs if a state ends up facing a legal challenge. Local opponents of the movement say it runs counter to past arguments from those who decried the influence of outside groups in trying to craft North Dakota policy.
In 2020, a proposed ballot initiative aiming to bolster election access was criticized for the involvement of out-of-state groups, but Wetrosky asserted the LGTBQ+ policy efforts are largely driven by organizations with addresses outside of North Dakota.
He noted such groups are also active in backing candidates who are receptive to the movement.
"In the midterm elections last year, we tracked over $60 million in spending on attack ads that attack transgender folks," Wetrosky reported. "The bulk of those resources was spent in Republican primaries."
Megan Langley, founder and executive director of Strengthen ND, which focuses on helping rural areas thrive, said while her group is not involved in such policy debates, she agreed with some sentiments they can serve as a distraction. She feels North Dakota does better when the state looks inward to address more pressing issues.
"Some of the noise created during particular legislative times can take away from what's going on within communities," Langley contended. "It removes folks away from who their neighbors are."
The Family Policy Alliance could not be reached for comment.
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The culture war over transgender identity is spreading in GOP-led states, and Texas is among those passing the harshest laws.
The Human Rights Campaign said almost 30% of trans youth live in states that have passed bans on gender-affirming care.
Last week, the Texas Legislature passed Senate Bill 14, which essentially bans such care for kids under 18.
Brian Klosterboer, attorney for the American Civil Liberties Union of Texas, said the ban allows trans teens already receiving hormone therapy to temporarily continue, but requires they "wean" themselves off the treatments.
"We are preparing a lawsuit against SB 14, the bill that bans health care for transgender youth," Klosterboer stated. "We will be taking the state to court if Abbott signs that bill into law."
Some "blue" states are moving in the opposite direction from Texas, including neighboring Colorado, which passed its own legislation protecting people's access to reproductive health services and facilities.
Senate Bill 14 was authored by Sen. Donna Campbell, R-New Braunfels, who argued youth under 18 who receive gender-affirming treatments may regret their decision at a later age.
Meanwhile, the Texas House last week gave initial approval to Senate Bill 12, originally aimed at restricting children from seeing drag performances, but as worded now, gives officials the power to target any performance.
Klosterboer contended the law is overly broad, and censors free expression by threatening to ban and criminalize any performance which "appeals to the prurient interest in sex," without defining the term.
"And even though drag has been explicitly removed from the bill, the fact that the definitions are so expansive, and that it comes with criminal penalties, will have a major effect on free expression in our state," Klosterboer asserted.
Texas is home to one of the largest trans communities in the country, including an estimated 30,000 teens between ages 13 and 17.
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Advocates for the LGBTQ community are celebrating following New Hampshire's rejection of a so-called "parental bill of rights."
Two Republicans crossed party lines to help defeat the bill, which would have required educators to inform inquiring parents whether their children are using a different gender identity or name.
Attorney Chris Erchull with GLBTQ Legal Advocates & Defenders said it was the right move to ensure schools remain a safe and supportive place, especially for transgender kids.
"So many allies, so many faith leaders, so many parents all coming together to stand united to tell the legislature this is not what we want in our state," said Erchull. "It was a beautiful thing to see."
Supporters of the bill say it was needed to ensure greater transparency and communication between teachers and parents. The final vote to "indefinitely postpone" the bill means the issue can not be reintroduced this session.
Advocates for LGBTQ youth say vulnerable kids are being targeted by lawmakers, putting them at greater risk of neglect and abuse by unapproving parents.
Erin George-Kelly, director of Homeless Youth and Young Adult Services at Waypoint, said some of the most impactful testimony against the bill came from young adults who've experienced that rejection firsthand.
"I'm really glad that this is where we landed with this," said George-Kelly, "and that New Hampshire really stood up for young people when they took this vote."
George-Kelly said LGBTQ youth are four times more likely to attempt suicide compared to their straight peers, and face higher rates of homelessness.
At least 62 "parental bill of rights" measures have been introduced in 24 states this year, so far.
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