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Fact check/Did Gov. Roy Cooper betray promises on HB 2 repeal?

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Fact check: Did Gov. Roy Cooper betray promises on HB 2 repeal?

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Roy Cooper being sworn in.

April 17, 2017
By Amée LaTour

A Charlotte Observer editorial on repeal of North Carolina’s House Bill 2 law claimed: "It is a betrayal of the promises the governor [Roy Cooper] made to the LGBT community and a doubling down on discrimination by Republican legislators who have backed it all along." The editorial went on to claim that Gov. Cooper was "discarding his earlier promise not to accept any deal that left people vulnerable to discrimination."[1]

Is the editorial accurate? Did the repeal legislation signed by Gov. Cooper betray promises he made to the LGBT community?

The evidence for the claim provided to Ballotpedia by Taylor Batten, editorial page editor of The Charlotte Observer, confirms that Cooper promised to fight against discrimination and for repeal of House Bill 2. However, it does not establish that Cooper made promises about the nature of repeal legislation he would or would not sign.

Throughout the gubernatorial campaign and during Cooper’s first months as governor, he promised to work to repeal House Bill 2 (HB 2), which barred individuals from using restrooms and changing facilities in schools and public agencies that did not correspond to the sex on their birth certificate.[2][3] He also expressed support for a full repeal, and he opposed two proposals after his election.[4][5] However, Cooper also expressed a willingness to compromise on repeal legislation since his election.[5]

The legislation signed by Cooper, House Bill 142, repeals HB 2. It establishes the General Assembly as the sole authority for regulating access to restrooms, showers, and changing facilities, and prohibits local governments from regulating private employment practices or regulating public accommodations.[6][7]

Background

Roy Cooper (D-N.C.) defeated former Gov. Pat McCrory (R-N.C.) in the November 8 election by a vote of 49.02 percent to 48.80 percent.[8] Previously, he served as North Carolina’s attorney general; he was first elected to that position in 2000, and was re-elected in 2004, 2008, and 2012.

The General Assembly of North Carolina passed HB 2 on March 23, 2016, in response to an ordinance by the Charlotte City Council prohibiting discrimination by the city and its vendors on the basis of sex, marital status, familial status, sexual orientation, gender identity, and gender expression. That provision was added to an existing ordinance that prohibits denial of "the goods, services, facilities, privileges, advantages, and accommodations" of places of public accommodation on the basis of race, color, religion, or national origin. The amended ordinance would have permitted individuals to use the restrooms and changing facilities that corresponded with their gender identity. The ordinance was set to go into effect on April 1, 2016.[9]

HB 2 passed the North Carolina Senate 32 to 0 and the House 82 to 26. All Senate “aye” votes were from Republicans; 11 Democratic senators walked out in protest, and six were on excused absence from the session.[10] In the House, 11 Democrats and 71 Republicans voted “aye” while one Republican and 25 Democrats voted “nay.”[11]

HB 2 made it unlawful for individuals to use bathrooms or changing rooms in schools or public agencies that did not correspond with the sex on their birth certificates and invalidated local ordinances or resolutions that allowed for such use. (At least eight other towns and cities and four counties in North Carolina have nondiscrimination ordinances or resolutions, mostly pertaining to public employment, including gender identity and/or sexual orientation as protected categories. Charlotte’s was the only ordinance in the state regulating the use of bathrooms and changing facilities.)[12] The legislation also prohibited local regulation of private-sector compensation, and prohibited cities and counties from requiring private contractors to comply with nondiscrimination standards that exceed state law.[6]

On September 12, 2016, the National Collegiate Athletic Association (NCAA) Board of Governors announced that it would relocate seven championship events—including soccer, golf, and basketball championship games—in the 2016-2017 school year out of North Carolina due to HB 2.[13] On March 27, 2017, the NCAA issued a statement that it would be making championship location decisions through 2022 during the following week, and that it would boycott North Carolina “absent any change in the law.”[14]The NCAA announced on April 4, 2017, that it would consider scheduling championship events in North Carolina again.[15]

The National Basketball Association and Atlantic Coastal Conference also pulled sports events from the state. Lionsgate canceled plans to film a series pilot in Charlotte, and Paypal and Deutsche Bank canceled plans to expand their facilities in the state.[16]

House Bill 142

House Bill 142 (HB 142), signed into law by Gov. Cooper on March 30, passed the North Carolina Senate by a vote of 32 to 16 and the House by 70 to 48.[17][18] The bill repealed HB 2, removing the prohibition on individuals choosing a restroom or changing facility corresponding to their gender identity. It establishes the General Assembly as the sole regulator of access to restrooms, showers, or changing facilities.[7] The bill also prohibits localities from passing ordinances regulating private employers or public accommodations, a provision set to expire on December 1, 2020.[7]

Because HB 2 was repealed, localities are no longer prohibited from negotiating with private parties (such as the NCAA) on nondiscrimination practices in the provision of accommodations, goods, and services beyond state law.[7]

Cooper’s position on House Bill 2

In pledging to repeal HB 2, Cooper emphasized the economic impact of the law on the state, as well as concern about discrimination against the LGBTQ community. For example, on his gubernatorial campaign website, Cooper stated the following:

“The impact [of HB 2] on our economy has been devastating and it’s clear that the damage will continue as [McCrory] criticizes and belittles businesses that express concern. As governor, I will work to repeal HB2.”[2]

During a special session in December, Cooper urged state legislators to repeal HB 2 if the Charlotte City Council repealed its ordinance. The city council did so, but it took two votes for full repeal.[4] The first vote repealed nondiscrimination provisions related to public accommodations, but did not eliminate gender identity-related nondiscrimination requirements on private contractors. Those requirements were repealed in a second vote. For their part, state legislators added a six-month moratorium on local regulation of employment and public accommodations to the HB 2 repeal bill.[19][20]

Cooper, then governor-elect, urged Democrats to oppose the revised bill. “What [Republicans] were trying to do was tack on something that wouldn’t work,” he said, referring to the moratorium. The bill did not pass the state Senate, and the House did not vote on it.[4]

In his inaugural address in January, Cooper stated the following: “When a law attempts to make any North Carolinian less in the eyes of their fellow citizens, I will fight it. I will stand up for you if the legislature cannot or will not.”[21]

In February, Cooper proposed that the legislation to repeal HB 2 include requiring local governments to provide 30-days notice to the public and state legislature before voting to regulate conditions of employment and public accommodations. He also proposed that repeal include more severe criminal penalties for crimes committed in public bathrooms and changing facilities.[22]

A bill subsequently introduced by two Republican and two Democratic representatives included those provisions in addition to several others, including allowing local referenda on nondiscrimination ordinances if the city’s governing board receives a petition signed by at least 10 percent of registered voters who voted in the most recent municipal election.[23]

Cooper opposed the bill, particularly the referendum provision, stating that it “subjects the rights of the minority to a vote of the majority.”[5] The bill did not leave committee.[23]

While expressing opposition to the referendum proposal in February, Cooper stated his interest in working toward a compromise, noting that “[i]f we don’t repeal HB2 soon, North Carolina will be shut out of hosting NCAA championships for the next several years.” He said, as an example of a compromise he would be willing to accept, “the state could require [city councils] that want to add LGBT protections to approve them by majority-plus-one votes.”[5]

Ballotpedia contacted Cooper’s office for comment on The Charlotte Observer’s claim but did not receive a response. In a statement on the repeal legislation he signed, Cooper said: “This new law is a compromise. But we stopped Republican leaders from adding provisions that permanently placed LGBT rights subject to referendum or allowed people to use religious beliefs to discriminate. I made clear that was not going to happen and it didn’t.”[24]

Conclusion

A Charlotte Observer editorial on North Carolina’s House Bill 2 repeal claimed Gov. Cooper was "discarding his earlier promise not to accept any deal that left people vulnerable to discrimination."[1]

The evidence for the claim provided to Ballotpedia by Taylor Batten, editorial page editor of the Charlotte Observer, confirms that Cooper promised to fight against discrimination and for repeal of HB2. However, it did not establish that Cooper made promises about the nature of repeal legislation he would or would not sign.

The legislation Cooper signed repealed House Bill 2, established the General Assembly as the sole authority for regulating access to restrooms, showers, and changing facilities, and prohibits local governments from regulating private employment practices or regulating public accommodations. Throughout the gubernatorial campaign and during his first months as governor, he promised to work to repeal House Bill 2. He also opposed two proposals following his election. Since his election, Cooper expressed willingness to consider a legislative compromise.

See also

Sources and Notes

  1. ↑ 1.0 1.1 The Charlotte Observer, “HB2 repeal: Cooper turns back on LGBT community,” March 30, 2017
  2. ↑ 2.0 2.1 WRAL, “A North Carolina that Works for Everyone, Roy Cooper,” accessed April 4, 2017
  3. ↑ WRAL, “Roy Cooper’s Inaugural Address: Focus on ‘big concerns’ not ‘hot-button social issue of the day,’” January 7, 2017
  4. ↑ 4.0 4.1 4.2 The Charlotte Observer, “NC Senate votes down repeal of HB2; House doesn’t vote; special session adjourns,” December 21, 2016
  5. ↑ 5.0 5.1 5.2 5.3 Medium, “We Need Republican Leaders To Come Back To The Negotiating Table,” February 26, 2017
  6. ↑ 6.0 6.1 General Assembly of North Carolina, “Session Law 2016-3, House Bill 2,” March 23, 2016
  7. ↑ 7.0 7.1 7.2 7.3 General Assembly of North Carolina, “Session Law 2017-4, House Bill 142,” March 30, 2017
  8. ↑ North Carolina State Board of Elections, “11/08/2016 Official General Election Results—Statewide,” accessed April 3, 2017
  9. ↑ Charlotte NC, “Ordinance Number: 7056,” February 22, 2016
  10. ↑ The News & Observer, “LGBT protections end as NC governor signs bill,” March 23, 2016
  11. ↑ General Assembly of North Carolina, “House Bill 2 / S.L. 2016-3,” accessed April 4, 2017
  12. ↑ The Center for New Revenue, “HB2 repeal — local NDOs revived,” February 22, 2017
  13. ↑ NCAA, “NCAA to relocate championships from North Carolina for 2016-17,” September 12, 2016
  14. ↑ NCAA, “NCAA reaffirms North Carolina championship stance,” March 23, 2017
  15. ↑ NCAA, “NCAA Board of Governors’ Position on HB2 Repeal,” April 4, 2017
  16. ↑ Newsweek, “A Comprehensive Timeline of Public Figures Boycotting North Carolina Over the HB2 ‘Bathroom Bill,’” September 14, 2016
  17. ↑ General Assembly of North Carolina, “House Bill 142 / S.L. 2017-4,” accessed April 4, 2017
  18. ↑ Twenty-three Republican and nine Democratic senators voted yes. Thirty Democratic and 40 Republican representatives did so.
  19. ↑ General Assembly of North Carolina, “Senate Bill 4,” December 21, 2016
  20. ↑ The Charlotte Observer, “Charlotte city council retools nondiscrimination ordinance to set up repeal of HB2,” December 21, 2016
  21. ↑ This is the quote Taylor Batten, editorial page editor of The Charlotte Observer, referred Ballotpedia to as evidence of the editorial board’s claim. Amee LaTour, “Email communication with Taylor Batten,” March 31, 2017]
  22. ↑ The Charlotte Observer, “Gov. Roy Cooper’s proposed HB2 compromise doesn’t seem to please either side,” February 14, 2017
  23. ↑ 23.0 23.1 General Assembly of North Carolina, “House Bill 186,” accessed April 4, 2017
  24. ↑ NC Governor Roy Cooper, “Governor Cooper Gives Remarks on House BIll 2 Repeal,” March 30, 2017
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