The bumpy road to H.B. 2 repeal

Here’s a recount of the twists and turns of House Bill 2, the infamous “bathroom bill.”

2016

Feb. 23: The Charlotte City Council passes an ordinance adding gay and transgender people to an existing ordinance prohibiting discrimination on the basis of race, gender, religion, national origin, ethnicity, and age to contractors and in public housing and accommodations, including restrooms, effective April 1. Gov. Pat McCrory warns two council members that the General Assembly is likely to get involved.

March 23: A special session of the General Assembly called by House Speaker Tim Moore, R-Cleveland, and Lt. Gov. Dan Forest passes House Bill 2, invalidating local ordinances like Charlotte’s. McCrory signs.

March 28: The ACLU of North Carolina files a lawsuit in federal court against the state challenging the constitutionality of H.B. 2.

March 29: Attorney General Roy Cooper says he will refuse to defend the state in the lawsuit. The General Assembly and the governor subsequently hire private attorneys.

July 21: NBA pulls 2017 All-Star Game from Charlotte, citing alleged discriminatory effects of H.B. 2.

Sept. 12: NCAA moves seven championship events, including part of 2017 NCAA Men’s Basketball Tournament games, from North Carolina, citing H.B. 2. The organization gives the state a March 30 deadline to repeal H.B. 2 or risk losing all out-of-state championship events through 2022.

Nov. 8: Roy Cooper elected 75th governor of North Carolina. Republicans retain supermajority status in the Senate and the House.

Dec. 19: The Charlotte City Council repeals portions of its LGBT/bathroom ordinance under the condition that lawmakers repeal H.B. 2 by the end of the year.

Dec. 20: McCrory issues a proclamation calling the General Assembly into special session Dec. 21 to reconsider H.B. 2. Charlotte television station WBTV reports that efforts to repeal H.B. 2 were in jeopardy after lawmakers learned the Charlotte City Council repealed only portions of its LGBT ordinance.

Dec. 21: The Charlotte City Council, during an emergency meeting, votes to repeal its entire LGBT/bathroom ordinance in an effort to salvage the H.B. 2 repeal. The General Assembly gavels in its special session at 10 a.m., but lengthy recesses and caucuses rule most of the day. Senate leader Phil Berger, R-Rockingham, produces a new bill, S.B. 4, to repeal H.B. 2 and place a moratorium on any new local ordinances like the Charlotte ordinance. After lengthy debate, a parliamentary move to keep Berger’s substitute bill alive failed. The bill died. The General Assembly adjourns without repealing H.B. 2.

2017

Jan. 26: Berger says a “clean repeal” of H.B. 2 is unlikely in the 2017 legislative session.

Feb. 1: Sen. Jeff Jackson, D-Mecklenburg, files a bill repealing H.B. 2 and setting no restrictions on local anti-discrimination ordinances.

March 21: Sen. Joel Ford, D-Mecklenburg, files bill for an H.B. 2 repeal that would include a moratorium preventing cities from passing any ordinances regarding restroom access until 30 days after the current legislative session.

March 28: At an evening press conference, Berger and Moore announced that Cooper had scotched a deal that would repeal H.B. 2; place public facility rulemaking decisions with the General Assembly; let local governments pass anti-discrimination ordinances that went no further than federal law; and include a provision allowing individuals to collect damages if a government body violated their rights of conscience. Cooper said the conscience provision was unacceptable and denied there was a deal. Berger and Moore discounted the prospect of any quick resolution.

March 29: Berger, Moore, and Cooper announce a new agreement exists repealing H.B. 2 and placing a moratorium until 2020 on local ordinances. House Minority Leader Darren Jackson, R-Wake, says he was not included in the negotiations and would oppose the deal. LGBT advocacy groups issue furious responses.

March 30: House Bill 142, a bill increasing occupational licensing oversight, is brought up in the Senate Rules Committee, its language replaced with the H.B. 2 “reset” measure. It passes by voice vote. The amended version of H.B. 142 passes the Senate 32-16. After more than two hours of debate, the House concurred with the Senate, 70-48. Cooper signs the bill.