Posts Tagged As: North Carolina
July 21st, 2016
Without any movement by state legislators in North Carolina to change newly enacted laws targeted at the LGBT community, the NBA is pulling the 2017 All-Star Game out of Charlotte, league sources told The Vertical.
The NBA is focused on the New Orleans’ Smoothie King Center as the host for All-Star Weekend and the All-Star Game on Feb. 19, league sources told The Vertical.
For now, there are still other cities trying to lure the All-Star Game, sources said.
A formal announcement on the NBA’s withdrawal out of Charlotte is expected as soon as this week, league sources said Thursday./blockquote>
The National Basketball Association has long warned North Carolina legislators that the state risked losing next year’s All-Star Game if it didn’t rescind HB 2, which prohibits local jurisdictions from enacting non-discrimination ordinances covering sexual orientation and/or gender identity, and excludes all workplace discrimination lawsuits from state courts. HB 2, additionally and more controversially, prohibits transgender people from using public facilities which correspond to their gender identity or presentation. A number of businesses have halted relocation and expansion plans in the state, and several conventions and concert performances were cancelled. Figures are hard to pin down, but one tally of known cancellations as of mid-April put the losses at $77 million.
July 2nd, 2016
For months, North Carolina Gov Pat McCrory (R) has been promising change to HB 2, the state law that blocks all anti-LGBT discrimination ordinances in the state, and which criminalize transgender people’s ability to use public restrooms according to their gender identity. National outcry over the discriminatory legislation has resulted in millions of dollars in lost business and high-profile cancellations of events and concerts in the state. The National Basketball Association has threatened to pull its planned 2017 All Star Game from Charlotte if the law weren’t changed.
And so the legislature changed the law, just before ending its session yesterday:
Gov. Pat McCrory had been seeking the action for months. HB2, best known for requiring transgender people in government facilities to use bathrooms matching the gender on their birth certificates, also blocked a path that North Carolinians had to file state-court discrimination claims.
Though lawmakers’ action Friday restores that path, it comes with a statute of limitations shorter than before — one year instead of three years.
“As we said from the beginning, there was never an intent to limit the right of anybody to seek redress in state court,” House Speaker Tim Moore told reporters.
The House passed the change 85-15, and the Senate passed it 26-14 to send it to the governor.
House speaker Tim Moore (R-Cleveland Co.) actually said with an straight face: “I certainly hope that the NBA will keep the All-Star Game here. The process I don’t think lends itself to (passing) legislation perhaps that they might want to see. I hope that they – and frankly every business that had concerns about discrimination arguments – see fixing this issue with access to state courts as fixing that.”
Yup. All fixed.
The House also voted 89-32 to raid the state’s disaster relief fund to the tune of %500,000 to defend HB 2 in court. The bill passed the Senate on Thursday and is headed to McCrory for his signature. State Attorney General Roy Cooper (D), who is running against McCrory for Governor, has said he will not defend the law in court.
July 1st, 2016
When the next hurricane or flood hits North Carolina and state residents turn to the state’s disaster relief coffers, they’ll find it half a million dollars poorer than it should be:
North Carolina lawmakers took steps Thursday to set aside a half-million dollars for the legal defense of a law limiting protections for LGBT people as a judge sought to streamline a cluster of lawsuits it has inspired.
Republican lawmakers were mapping out the end of the session, including possible changes to the law known as House Bill 2, which has attracted high-profile critics including the NBA. The session could end this weekend.
But there was no appetite to change the provision requiring transgender people to use restrooms corresponding to the sex on their birth certificate in schools, universities and many other public buildings. The law also excludes sexual orientation and gender identity from statewide anti-discrimination protections.
…The Senate also approved a plan to give McCrory’s office $500,000 to defend the law in court, by transferring money from a disaster relief fund. The measure still must pass the House.
The NBA had scheduled its 2017 All-Star game in Charlotte before the law was enacted earlier this year. Yesterday, the Charlotte Hornets and the NBA issued a joint statement saying that the minor changes to HB 2 that have been floated aren’t enough. While Republican Gov. Pat McCrory is trying to find some minimal changes to the law that might keep the All Star game in town while still keeping anti-LGBT lawmakers in his own party happy, he has no problem with trying to take advantage of whole episode in a re-eleaction campaign pitch:
A spokesman for McCrory’s re-election campaign, Ricky Diaz, later said in an email: “Any Democrat standing with the Human Rights Campaign and other out-of-state liberal interest groups by refusing any compromise is attempting to drive the NBA All-Star Game from North Carolina.”
May 26th, 2016
The House rejected a appropriations bill for the Energy Department, Army Corps of Engineers, Interior Department’s Bureau of Reclamation and several other commissions. The huge $37.4 billion spending bill went down 112-305. Dems lined up against the measure, citing such poison pill provisions as amendment targeting the Iran nuclear deal and prohibiting the Obama administration from revoking Title IX funds previously appropriated for North Carolina and Mississippi over those states’ anti-trans bathroom bills. Rep. Sean Patrick Maloney (D-NY) was among those voting against the bill:
Ultimately, though, Maloney said he voted ‘no’ on the Energy-Water bill, which included his LGBT anti-discrimination amendment. He pointed to a subsequent amendment by Rep. Robert Pittenger, R-N.C., which prohibits the Obama administration from blocking North Carolina from receiving federal funds in retaliation to its transgender bathroom law. That measure was adopted 227-192.
“I wasn’t about to support the Pittenger amendment … having fought all week to get workplace protections,” Maloney said. “We won the vote last night. That’s an important victory. It shows there is a majority in the House that supports work place protection.”
Update: Politico adds this bit of inside baseball:
Some GOP lawmakers were furious over Rep. Rick Allen’s (R-Ga.) comments on the LGBT issue at a GOP Conference meeting prior to the vote.
Allen read a passage from the Bible and questioned whether members would violate their religious principles if they supported the bill.
But moderate Republicans were stunned by Allen’s remarks, and some walked out of the meeting in protest, according to GOP lawmakers.
“A good number of members were furious,” said one Republican, who spoke only on the condition of anonymity. “There was some Scripture that was read and the like … Nothing good was going to happen to those that supported [the LGBT provision.] A good number of members were furious.”
An amendment offered by Rep. Joe Pitts (R-PA) added a line saying that Maloney’s provision, which restored Obama’s Executive Order requiring federal contractors to provide anti-discrimination protections based on sexual orientation and gender identity, would not conflict with “the First Amendment, the Fourteenth Amendment, and Article I of the Constitution.” The hope was that this caveat would reassure more conservative members of the caucus. But this morning, those conservatives informed leadership that they would not support the appropriations bill with Maloney’s amendment attached. Those conservatives said that GOP leadership never should have allowed Maloney’s amendment to be vote on in the first place. Meanwhile, Democrats also abandoned the bill over the Title IX amendment and other provisions targeting climate change science and withholding federal funds from “sanctuary cities.”
May 24th, 2016
Yesterday, the city of Charlotte was scheduled to vote on a proposed repeal of the city’s nondiscrimination ordinance. The ordinance had already been overruled by North Carolina’s HB2, which not only overturned local anti discrimination ordinances across the state, but added a highly controversial provision requiring that trans persons use public restrooms that matches their birth certificate. The state legislature and governor did all of that in exactly one day. Contrary to statements by Gov. Pat McCrory (R) and other anti-LGBT extremists, the Charlotte ordinance did not address public restroom usage. In a potential compromise, the city would repeal its anti-discrimination ordinance and the legislature would “modify” some parts of HB2. I haven’t found any description of what those modifications were supposed to be.
But just before Charlotte’s city council was scheduled to meet yesterday, the Council released a statement saying the vote would not be on the agenda. The local Chamber of Congress had been pressing for the “compromise”:
The Charlotte Chamber declined to comment Sunday on the HRC criticism. But in an op-ed posted Sunday, Chamber President Bob Morgan said the City Council “should act to take the first step in a process we hope leads to reforms to HB2 that advance our city and state as places where discrimination is not tolerated – for anyone.” He said the council should take that step in response to “an overture” by the legislature.
The chamber says it opposes discrimination in any form but has not taken a position on HB2, unlike some other business groups in the state, which have asked for a repeal of the state law.
The chamber has previously lobbied city officials to be more conciliatory toward Raleigh leaders in their public statements. But the group upset some in the city when it issued a statement praising Gov. Pat McCrory’s executive order in early April that was an attempt to defuse the controversy over HB2.
Council members believe there are six votes for the symbolic repeal: Republicans Ed Driggs and Kenny Smith, and Democrats Greg Phipps, Claire Fallon, Vi Lyles and James Mitchell. (Lyles and Mitchel supported the ordinance in February; the others opposed it.) Those six votes would have been enough to pass the repeal, but not enough to sustain Mayor Jennifer Roberts’s veto. Later in the meeting, Republican council member Kenny Smith proposed a resolution to place the ordinance’s repeal on the agenda for Wednesday. That resolution failed 7-4.
The HRC sent a letter to the Council urging them not to compromise: “This moment in which we find ourselves is quickly defining the type of nation we are destined to be. Today, you are standing on the right side of history.”
September 11th, 2015
Following the story of Rowan County, Kentucky, Clerk Kim Davis and her refusal to follow the law and issue marriage licenses to residents of her county, attention has turned to the magistrates in McDowell County, North Carolina. (wlos.com)
Magistrates in McDowell County are refusing to perform same sex marriages.
A supervising judge confirmed to News 13 on Thursday that four workers in the office – Hilary Hollified, Thomas Atkinson, Debbie Terrell and Chad Johnson – have recused themselves under the North Carolina’s religious exemption law.
Some are seeing this as discrimination and bigotry just like in Rowan County and Something That Must Be Stopped. I see the situations as very dissimilar and am not much troubled by McDowell County or their magistrates.
Magistrates do not have any gate-keeping duties as to who can marry in the county. Those who choose to can officiate civil marriages, though they are not required to do so (nor, I believe, have they ever been so required). And McDowell County has provided replacements, magistrates from another county, so as to ensure that anyone wishing a civil marriage may have one. No rights are being denied.
But a more important distinction, to me, is the motivation. In McDowell County the issue is “what I must do” while in Rowan County the issue is “what you cannot do”.
For all that Kim Davis protests that she only wants to not have her name associated with marriages of which she disapproves, her actions show a different motive. The minute that her deputy clerks issued marriage licenses without her name – substituting “office of Rowan County” for “office of Kim Davis” – her attorneys insisted that the licenses were invalid. Davis’ goal is not removing herself from association with same-sex marriages but rather it’s prohibiting all such marriages in her county.
There have been a number of judges and magistrates and mayors and other officials across the country who have quietly removed marriage officiation from their list of services in order to avoid participation in same-sex marriages. And while this is a decision that is in conflict with my own values, so long as this is not a significant or relevant part of their duties and so long as an adequate replacement is provided, I am not much inclined to force people to do things that are contrary to their conscience.
Further, I think that throwing energy into coercive efforts (“they must follow my values, not their values, or they should be fired”) distracts from situations that truly are egregious and abusive. It makes our cause seem more about forcing or punishing others and less about achieving freedom for ourselves.
Seeking to block legal public services and deny civil rights, such as the efforts of Kim Davis, is a matter that deserves our attention and our ire. And, rightly, our community fought back and, if polls are correct, we won the debate.
But insisting that individual magistrates personally participate in same-sex marriages does not deserve our time nor serve our cause.
June 11th, 2015
In May the North Carolina legislature passed Senate Bill 2, a bill designed to allow individual Magistrates to give up conducting marriages and to allow assistant Registrars to give up issuing marriage licenses. Republican Governor Pat McCrory vetoed the bill, saying that public officials who swear to perform the duties of their office should not be exempt from doing so.
On June 2nd, the state Senate voted to override the Governor’s veto and today the House did the same. So the bill becomes law.
Here’s what it does:
While this is seen as an affront to our community, it is not clear that it will have much real impact on same-sex couples seeking marriage. The provisions require that licenses be issued and marriages be conducted and it probably matters little whether any specific Magistrates or Assistant Register of Deeds individually participate.
And it should be noted that the state has been issuing marriage licenses and conducting marriages since October 2014, and things appear to be going smoothly. I suspect that the offices of the various Registers of Deeds and Magistrates have by now pretty much identified ways to comply with the law without any serious loss of religious freedom or significant inconvenience to marrying parties. I doubt much will change.
June 2nd, 2015
Last week, the North Carolina Senate and House both passed a bill which would allow individual magistrates (but not all magistrates in a county) to forego conducting civil marriages for all couples, gay or straight. Republican Governor Pat McCrory vetoed the bill, saying that public officials who swear to perform the duties of their office should not be exempt from doing so.
But the legislature may well be redefining the duties of office. (Reuters)
The Republican-led state Senate reached the three-fifths majority needed to override McCrory’s veto in a 32-16 vote. The legislation now goes back to the Republican-controlled state House of Representatives, which passed it last week by a margin wide enough to override the veto.
As discussed earlier, this bill could result in an inconvenience to all couples, gay or straight, in some counties. But it does not appear to me to be a tool for invidious discrimination and would likely hold up in court.
May 28th, 2015
Today the North Carolina House of Representatives will vote for the third and final time to approve Senate Bill 2. As it has passed the Senate and there are no revisions, it will go directly to the Governor. And while Gov. Pat McCrory has said that he does not support the bill, he may let it become law without his signature.
Quite a bit of kerfuffle has been raised about the bill with various “EMERGENCY!” emails flying about. But, within the LGBT community, not a lot has been said about the content of the “anti-gay marriage bill”. So I read the bill. And it may not be so very ookie-spookie scary as one otherwise might think.
Here’s what it says:
This is not an onerous burden on same-sex couples. No gay couples are being turned away where straight couples are accepted. All legal licenses are being issued and every county is providing magistrates for marriage, impartially.
In fact, the greatest imposition of this bill is on the Register of Deeds and the Chief District Court Judge who are tasked with managing staff and ensuring that the newly added minimum service requirements are upheld.
The only question that I see remaining, is whether individuals who work for the State should be compelled to participate in procedures which violate their conscience in order to maintain employment. And that is an matter about which people of good will may differ.
North Carolina’s Republican Governor has stated that he will veto the bill. (Citizen Times)
Acting just hours after the legislation passed the House, Gov. Pat McCrory said Thursday he will veto a bill that would allow some state officials to opt out performing or issuing documents for same-sex marriages.
“We are a nation and a state of laws. Whether it is the president, governor, mayor, a law enforcement officer, or magistrate, no public official who voluntarily swears to support and defend the Constitution and to discharge all duties of their office should be exempt from upholding that oath,” McCrory said in a statement.
The vote in the House was
not strong enough to overturn a veto.
We mistakenly stated above that the vote in the House was not strong enough to overturn a veto. That is incorrect. A veto requires override requires “three-fifths of the members of that house present and voting”. The House vote was 60.9% (67 yes votes of 110 cast). To survive a veto override, two yes votes would have to vote not to override.
Because the majority of yes votes were from the same party as the Governor, there may be some unwillingness on the part of some members to defy the decision of the leader of the party. So it is not an entirely unlikely scenario that the bill will stay killed.
October 10th, 2014
A federal judge in North Carolina has struck down the state’s gay marriage ban, opening the way for the first same-sex weddings in the state to begin immediately.
U.S. District Court Judge Max O. Cogburn, Jr., in Asheville issued a ruling Friday shortly after 5 p.m. declaring the ban approved by state voters in 2012 unconstitutional.
Which brings the total to 29 plus the district of Columbia.
The ruling may only apply to two counties. This is NOT the case that everyone has been watching, the one in which the GOP is seeking to fight the Fourth Circuit’s ruling.
This is a case brought by the United Church of Christ which argued that denying their ability to perform same-sex marriages was a violation of their religious freedom.
For now, it looks like the ruling applies to the whole state.
October 9th, 2014
The Republican majority in the North Carolina Senate and House of Representatives have filed a brief arguing that the ruling by the Fourth Circuit Court of Appeals, which was denied certiorari by the Supreme Court, does not apply to their state. Because those crazy liberals in Virginia made concessions in court that the Republicans in the North Carolina legislature would never make, therefor their ban on same-sex marriage – unlike everyone else’s – should be upheld.
They are being represented by John Eastman, the chairman of the National Organization for Marriage, who ran Attorney General in the Republican primary, winning 34%. Eastman is not exactly the most persuasive of legal minds and his involvement is likely to be an advantage to marriage equality proponents. You may recall him from his unbroken string of colossal losses in NOM’s battle to defy state political donor laws.
Should the judge write a big giant F in red ink across the face of their brief, they alternately want to be granted the right to appeal any ruling for marriage to the Fourth Circuit (who already ruled for equality), to the court en banc (good luck with that) and to the Supreme Court (which has already denied cert from this circuit).
October 8th, 2014
Y’all will be excited to know that following Monday’s denial of certiorari by the Supreme Court of the appeal in marriage cases heard by the Fourth Circuit, Chief U.S. District Judge William L. Osteen, Jr. has lifted the stay on same-sex marriage licenses in North Carolina.
We’re also hearing word that marriages licenses may be available in one county in Kansas.
It appears that the stay was not on marriage case rulings, but rather on the advancement of the cases. Thus marriage equality has NOT come to North Carolina. Yet.
October 6th, 2014
With today’s Supreme Court non-decision, about 53% of all Americans now live in jurisdictions with marriage equality. That’s twenty-four states and the District of Columbia. Indiana, Oklahoma, Virginia, Wisconsin and Utah will open their clerk offices to same-sex couples as soon as the various Federal District Courts go through their formalities. Those formalities are already out of the way in Colorado, Oklahoma, Virginia and Utah. Things are happening so fast I wouldn’t be surprised if Indiana gets the go-ahead before I finish writing this post. Meanwhile, you can expect that Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming will follow suit any day now, since they too are now bound by the decisions already handed down in the in the 4th Circuit, 7th Circuit, and 10th Circuit Courts of Appeals.
The biggest wild card remains the Sixth Circuit, which heard oral arguments last August in a Michigan challenge to that state’s constitutional amendment banning same-sex marriage. That court also heard oral arguments from four other states — Ohio, Kentucky and Tennessee — challenging those states’ bans on recognizing legal marriages from out of state. If the Sixth Circuit goes all contrarian and upholds any of those bans, then we could expect the issue to be dropped once again at the Supreme Court’s footsteps.
And to think that barely over a decade ago, our relationships were still criminalized in fourteen states.
Now, it’s possible that the three-judge panel in Cincinnati may rule against marriage equality. It’s also conceivable that a three-judge panel in the Fifth, Eighth and Eleventh Circuits could uphold a same-sex marriage ban in, say, Louisiana, for example.
But if one did, it seems much more likely that the entire circuit would step in for an en banc decision. But even if that didn’t happen, then sure, maybe an anti-equality decision could conceivably make its way to the U.S. Supreme Court. But by then, some two-thirds or more of all Americans are likely to be living in marriage equality states. Would the Supreme Court go back and overturn all of that? That now seems preposterous. Today’s non-decision is the new law of the land.
April 28th, 2014
A strong component of the organized opposition to marriage equality lies in a desire to impose religious conformity. Although expressed as “religious freedom”, it’s quite the opposite. Opponents are not content with having the state stay out of their religious sacraments and ceremonies; rather, they desire that the state step in and declare that only their religious marriages are respected and those of other positions or faiths be denied.
Now the United Church of Christ is fighting back. (Charlotte Post)
The General Synod of the United Church of Christ filed a lawsuit today in U.S. District Court in Charlotte, contending state law that defines marriage as a union between a man and woman restrict its ministers from performing their religious duties is unconstitutional.
North Carolina prohibits couples of the same gender from obtaining a marriage license and makes it a crime for ministers to officiate a marriage ceremony without determining whether a couple has a license. UCC attorneys say the law limits ministers’ choices, violates the principle of “free exercise of religion” and restricts the freedoms of religion and expressive association guaranteed in the First Amendment. The church seeks a preliminary injunction that would allow ministers the choice of performing a religious marriage.
Although UCC is taking the lead, other individual places of worship have added their name to the lawsuit. (Charlotte Observer)
The Charlotte-area clergy members who have joined them include Allison of Holy Covenant; Robin Tanner, pastor of Piedmont Unitarian Universalist Church; Rabbi Jonathan Freirich of Temple Beth El; Nancy Kraft, pastor of Holy Trinity Lutheran, and Nathan King, senior pastor at Trinity Reformed UCC in Concord.
They are joined by Asheville ministers Joe Hoffman of First Congregational UCC and Mark Ward of the city’s Unitarian Universalist Congregation; along with Nancy Petty, pastor of Pullen Memorial Baptist in Raleigh.
I commend the denomination for this latest step in their long history of supporting the gay community. And I think that this may effectively illustrate for some that their insistence at imposing their own religious creeds into state law impose a burden not just on gay people but also on communities of faith.
July 9th, 2013
Fresh off its victory in Windsor v. U.S. which struck down Section 3 of the Defense of Marriage Act as unconstitutional, the ACLU’s is filing three more lawsuits, in Pennsylvania, North Carolina and Virginia. In Whitewood v. Corbett, the ACLU is challenging Pennsylvania’s statute which bans same-sex marriage. In Fisher-Borne v. Smith, the ACLU will amend its lawsuit seeking adoption rights to include the right to marriage. In the Virginia case, the ACLU and Lambda Legal are still in the planning stages, with plaintiffs and precise details of the case still being worked out. They expect to file that lawsuit later this summer.
Meanwhile, the ACLU and the National Center for Lesbian Rights have filed a motion with the New Mexico Supreme Court, asking it to order state officials to allow same-sex couples to marry. State law is currently silent on the question. Other lawsuits are working their way through Arkansas, Hawaii, Illinois, Nevada, New Jersey and Michigan.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.