What They Are Saying About NC Gov. McCrory’s Executive Order Pertaining To HB2

Published Wednesday, April 13, 2016 at 11:22 am

Compiled by Jesse Wood

On Tuesday, Gov. Pat McCrory issued an executive order in response to the outrage that the state has received for HB2 from the LGBT community, the business community and others.

Since signing the bill into law, McCrory called HB2 a common-sense law that ensures privacy in the bathroom. The law requires people to use the bathroom of their gender listed on their birth certificate.

But opponents of HB2, which was passed in response to a Charlotte ordinance, say that the bill did much more than force transgender individuals to use restrooms in schools and other government buildings contrasting with their identity. The bill, opponents say, prevents municipalities from passing their own anti-discrimination laws, prevents local governments from raising the minimum wage and erodes an existing right for employees to sue in state court for workplace discrimination.


Gov. McCrory

Gov. McCrory


Governor McCrory Takes Action to Protect Privacy and Equality

Governor Pat McCrory has signed an Executive Order to protect the privacy and equality of all North Carolinians. Executive Order 93 clarifies existing state law and provides new protections for North Carolina residents.

Executive Order 93 does the following:

  • Maintains common sense gender-specific restroom and locker room facilities in government buildings and schools
  • Affirms the private sector’s right to establish its own restroom and locker room policies
  • Affirms the private sector and local governments’ right to establish non-discrimination employment policies for its own employees
  • Expands the state’s employment policy for state employees to cover sexual orientation and gender identity
  • Seeks legislation to reinstate the right to sue in state court for discrimination

With this Executive Order, the state of North Carolina is now one of 24 states that have protections for sexual orientation and gender identity for its employees.

“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,” said Governor McCrory. “Based upon this feedback, I am taking action to affirm and improve the state’s commitment to privacy and equality.”


Charlotte Business Leaders Applaud Executive Order:

McCrory’s office sent out these two statements supporting his executive action:



Statement from Bob Morgan, Charlotte Chamber President and CEO:

“Today’s action by Governor Pat McCrory sends a positive message to businesses across North Carolina and to our economic development clients throughout the country and world that North Carolina and Charlotte understand the need to attract and retain diverse talent in our workforce.”

Statement from Tom Murray, Charlotte Regional Visitors Authority CEO: 



“We are appreciative of the actions taken by Governor McCrory through his executive order and encouraged by the message it sends to the visitors and meeting planners who drive the Charlotte region’s $6.3 billion visitor economy. We hope today’s events demonstrate that we want to welcome all in our community and across the state. At the CRVA, we know our differences make us stronger and we pride ourselves on being a destination of choice that embraces diversity, inclusion and equality.”


NCGOP: Roy Cooper Just Lost His Excuse To Not Defend HB2

ashegop“Roy Cooper refused to do his job and defend the state of North Carolina by saying it would conflict with his obligation to defend his office’s non-discrimination policy. Now that Governor McCrory has signed an executive order expanding and affirming non-discrimination policies for North Carolina state employees, the attorney general now has two choices: come up with another excuse to not do his job, or stand up for North Carolina families and defend a common-sense law.”  – Dallas Woodhouse, N.C. GOP Executive Director


“Cooper pointed out that the law, known as House Bill 2 (or HB2), is at odds with specific employment policies of his office and the state Treasurer’s Office which allow protections for workers based on marital status or sexual orientation.” (Laura Leslie, “Cooper: HB2 ‘a national embarrassment,” WRAL, 3/29/2016)



Senate Leader Phil Berger (GOP) issued the following response:

“Gov. McCrory just put to rest the left’s lies about HB 2 and proved it allows private and public employers, non-profits and churches the ability to adopt nondiscrimination policies that are stronger than state and federal law. But that fact is irrelevant to Roy Cooper and his left-wing political correctness mob with their agenda-driven allies in the liberal media, who will never stop trashing North Carolina until they achieve their goal of allowing any man into any women’s bathroom or locker room at any time simply by claiming to feel like a woman.”



Democratic Reponse to Executive Order 93



Governor Pat McCrory attempted to put a Band-Aid on a fatal wound today. McCrory responded to pressure over HB 2 with Executive Order 93, which calls for the expansion of the state’s employment policy for state employees to cover sexual orientation and gender identity. The decision, McCrory said in a video statement, was based on public feedback and the, “misinformation, misinterpretation [and], confusion,” surrounding the bill.

McCrory’s executive order, “certainly acknowledges the problems that House Bill 2 has created,” said Senator Dan Blue (D-Wake), “but it does nothing to fix it. This order won’t override existing legislation. It only serves to muddy the waters.”

Blue called for Republicans in the General Assembly to follow the governor’s lead by working together with Democrats to fully repeal the bill and restore the people’s rights. “Every word of this bill needs to be off the books,” he said, “from restoring the right to sue for employment discrimination at the state level to reaffirming local governing boards’ authority to act in the best interest of their communities. If we are to survive and thrive as a state, House Bill 2 cannot stand.”


ACLU Statement on N.C. Governor’s Executive Order on LGBT Discrimination

North Carolina Gov. Pat McCrory (R) today issued an executive order that maintains House Bills 2’s provisions that force transgender people to use the wrong restroom while prohibiting workplace discrimination based on sexual orientation and gender identity for state employees.

ACLUThe news follows the passage of House Bill 2, a measure that removes existing protections for gay and transgender people, blocks other localities from enacting protections, erodes existing rights for everyone under state nondiscrimination law, and forces transgender individuals to use the wrong restroom in schools and other government buildings.

In response, ACLU of North Carolina Acting Executive Director Sarah Preston said the following:

“Gov. McCrory’s actions today are a poor effort to save face after his sweeping attacks on the LGBT community, and they fall far short of correcting the damage done when he signed into law the harmful House Bill 2, which stigmatizes and mandates discrimination against gay and transgender people. With this executive order, LGBT individuals still lack legal protections from discrimination, and transgender people are still explicitly targeted by being forced to use the wrong restroom.

“An impressive and growing number of businesses, faith leaders, and public figures have come out to condemn House Bill 2 as an unnecessary and dangerous measure that unfairly targets gay and transgender people. Regardless of political affiliation, more and more political leaders also understand that discrimination is bad for business and politically toxic. The public believes in equality and fairness and House Bill 2 and measures like it are out of step with the values of most Americans.

“Efforts to divide the LGBT community by extending limited protections but leaving in place the rules mandating discrimination against the transgender community will only strengthen our resolve to fight back against this discriminatory and misguided legislative action. We call on Gov. McCrory and the North Carolina legislature to repeal House Bill 2 and replace it with full non-discrimination protections for all LGBT people.”

Lambda Legal, the ACLU, and the ACLU of North Carolina recently filed a lawsuit challenging House Bill 2. The lawsuit argues that through HB 2, North Carolina sends a purposeful message that LGBT people are second-class citizens who are undeserving of the privacy, respect, and protections afforded others in the state. The complaint argues that HB 2 is unconstitutional because it violates the Equal Protection and Due Process clauses of the Fourteenth Amendment by discriminating on the basis of sex and sexual orientation and invading the privacy of transgender people. The law also violates Title IX by discriminating against students and school employees on the basis of sex.

The Obama administration is presently considering whether North Carolina’s House Bill 2 makes the state ineligible for billions of dollars in federal aid for schools, highways, and housing. North Carolina receives more than $4.5 billion in federal funding for secondary and post-secondary schools, all of which remains at jeopardy given the state’s policy of systemically violating  Title IX, which prohibits sex discrimination, including discrimination against transgender students.

PatsyKeever-595x360Statement from NCDP Chair Patsy Keever on Gov. McCrory’s executive order

“With his actions today, Governor McCrory acknowledged for the first time the full scope and consequences of his discriminatory law. For two weeks, he’s attempted to mislead about the effects of HB2 with long, incorrect memos and Internet videos. But today’s Executive Order does nothing to fix what’s really wrong with his job-killing law: legalized discrimination that will continue to cost the state of North Carolina jobs and respect.”


HRC and Equality North Carolina to McCrory: Executive Order Doubles Down on Most Damaging Provisions of HB 2

The Human Rights Campaign (HRC), the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, and Equality North Carolina, the state’s leading LGBT advocacy organization, blasted NC Gov. Pat McCrory following his executive order today for his continued failure to lead on the repeal of HB 2.

imagesWhile the governor’s executive order extends protections to state workers, it does nothing to fix the vile and discriminatory provisions he signed into law through HB 2. Under HB 2, transgender people are prohibited from using restrooms consistent with their gender identity in public buildings, including the University of North Carolina campus and the Raleigh-Durham Airport. Cities still cannot adopt ordinances designed to prohibit discrimination against their residents and visitors. And, today’s action does not undo the damage to the state nondiscrimination laws, which now prevent individuals from bringing suit in state courts.

images-3HRC Legal Director Sarah Warbelow said, “The governor’s action is an insufficient response to a terrible, misguided law that continues to harm LGBT people on a daily basis. It’s absurd that he’ll protect people from being fired but will prohibit them from using the employee restroom consistent with their gender identity. The North Carolina Legislature must act to right this wrong as swiftly as possible. They created this horrendous law, and they need to repeal it.”

Equality NC Executive Director Chris Sgro said, “While Governor McCrory’s Executive Order creates vital protections in public employment on the basis of sexual orientation and gender identity, it does not address the deep concerns we share with members of the business community and citizens across the state about the damaging impact of HB 2. In fact, the order doubles down on the Governor’s support for some of the most problematic provisions of HB 2.”


North Carolina Governor’s Executive Order Criticized by LGBTQ Advocates

Today, North Carolina Governor McCrory signed an executive order in response to the controversial anti-LGBTQ law, HB2.



“Governor McCrory’s executive order today is too little too late. It is like trying to solve a massive life threatening injury with a small band-aid that doesn’t come close to covering the wound. Complete repeal of HB2 and the passage of comprehensive statewide non-discrimination legislation are the only actions that will provide real, strong protections for all the LGBTQ people of North Carolina.” said Rea Carey, Executive Director, National LGBTQ Task Force Action Fund.

The National LGBTQ Task Force Action Fund has been working with North Carolina faith leaders and LGBTQ advocates in an effort to repeal the anti-LGBTQ law. In North Carolina, the organization has been providing leadership training, grassroots organizing and on-the-ground logistical support. Clergy, civil rights leaders, and LGBTQ advocates have been taking part in escalating actions calling on the the legislature and Governor to repeal the law. The broad coalition of activists and leaders plan on taking part in civil disobedience, sit-ins, and similar peaceful demonstrations if lawmakers don’t meet the April 21 deadline.

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