HB2 Shows That the Fight for Rights Is Not Over in North Carolina

When voters passed North Carolinaâ€™s Amendment One, a ballot initiative that would constitutionally ban same-sex marriage,Â in May of 2012 the stateâ€™s equality advocates considered it a crushing defeat. Just when things were finally starting to look up, conservativesÂ had put the rights of same-sex couples to marry upÂ to a vote, and the LGBT communityÂ lost spectacularly:Â 61 to 39 percent.

This was just before the tipping point was reached on same-sex marriage. In fact, just a day after Amendment One passed, President Barack Obama announced his support for marriage equality. A year before, Gallup had reported for the first time that a majority of Americans supported the legalization of same-sex marriage. From the beginning of 2012 to the end of 2013, the number of states allowing same-sex couples to marry nearly tripled.

This cultural shift is what made the overwhelming support for Amendment One so disheartening, even in a Southern state under a conservative governor. It was a setback; a disruption in a series of successes.

Two years later, on October 10, 2014, the amendment was overturned, legalizing same-sex marriage in the state. U.S. District Judge Max Cogburn signed what one NC citizen appropriately called â€œthe official death certificate of Amendment One,â€ the order striking down the stateâ€™s ban.

North Carolinaâ€™s governor Pat McCrory refused to fight the decision, saying, â€œThe administration is moving forward with the execution of the courtâ€™s ruling and will continue to do so unless otherwise notified.â€

This shouldnâ€™t be mistaken as support for marriage rights, however, as other state legislators attempted to appeal to the Supreme Court, which refused to hear any cases related to same-sex marriage at the time.

McCroryâ€™s response was short and to the point. â€œI disagree with the Supreme Courtâ€™s decision, which goes against the amendment that North Carolina voters overwhelmingly approved. We will continue to respect the legal process as it proceeds.â€

Governor McCrory, two years later, is now most known for his devoted support to a different NC law, HB2.Â

The stateâ€™s infamous anti-LGBT law is based almost entirely on a long list of misconceptions about trans people, although much of it is disguised by dog-whistle rhetoric about privacy. The law also revokes state protections against discrimination of any kind.

In spite of North Carolina beating the nation as a whole to marriage equality, it “became the most anti-LGBT state in less than a day“Â with the pro-discrimination bill, aimed largely at the city of Charlotte and their year long fight to successfully protect LGBT residents.

HB2 and the resulting backlash have made headlines again and again, and this time, McCrory isnâ€™t being sated by the court system. He did withdraw the lawsuit he filed on behalf of the state, but he remains the defendant in a separate lawsuit on HB2. That trial will begin on November 14.

In the meantime, LGBT citizens in the state are secure in their right to marry, but their right to a wedding venue, or to be secure in a job or in any public place remains up in the air.Â

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Image by Mark FarrisÂ via Flickr and a CC license