North Carolina still weighing future of HB2

UPDATE: The North Carolina state Senate ended a special legislative session called by Gov. Pat McCrory Wednesday night by voting down legislation that would repeal HB2 32-16.

Prior to the vote on Senate Bill 4, Republican Sen. Phil Berger moved to have separate votes on a straight repeal and a proposed “cooling off” period that would have delayed any further local public accommodation laws until the state General Assembly could work out a long-term solution, but Democrats would not agree.

“This wasn’t the deal,” said Democratic Sen. Jeff Jackson. “This bill breaks this deal. Charlotte would have not repealed its ordinance if this was the deal.”

A clearly frustrated Berger chastised Democratic senators for reneging on their promise to repeal the controversial bill, accusing them of changing their votes after Gov.-elect Roy Cooper called them and told them to vote no.

“Make no mistake: Roy Cooper and Senate Democrats killed the repeal of HB2, abandoning Roy Cooper’s commitment to avoid divisive social issues by shooting down a temporary cooling off period on ordinances like the one that got us into this mess last March,” Berger said in a statement. “Their action proves they only wanted a repeal in order to force radical social engineering and shared bathrooms across North Carolina, at the expense of our state’s families, our reputation and our economy.”

Democratic Sen. Floyd McKissick Jr. denied Cooper had contacted him and called the called special session “a missed opportunity.”

The state House also adjourned its special session without a vote.

OUR EARLIER REPORT (5:52 p.m.): North Carolina lawmakers met for a special session today to deliberate how to repeal HB2, a law requiring people in government buildings to use restrooms and locker rooms corresponding with their biological sex. Both sides agreed to remove the law, but a last-minute provision extended the debate.

State Senate leader Phil Berger, a Republican, filed a bill Wednesday afternoon that would repeal the “bathroom bill” but place a six-month freeze on municipalities passing their own laws for public accommodations pertaining to restrooms, showers, and changing facilities.

Earlier in the week, the Charlotte City Council struck down part of a February ordinance that prompted state lawmakers to pass HB2. That ordinance would have required businesses to allow access to their restrooms based on gender identity. North Carolina Gov.-elect Roy Cooper, a Democrat, began meeting with lawmakers to broker a deal to unravel the restroom legislation. Republicans agreed to repeal HB2 if Charlotte removed its ordinance, which it did in full this morning. But some lawmakers feared once HB2 was gone, additional municipalities would begin to enact similar restroom policies.

When Berger announced the bill, he stated proponents had been saying as soon as HB2 vacated they would work with other local governments to pass new ordinances. He said he needed to include the freeze until everyone could agree on a long-term solution.

Democrats claimed Charlotte did its part and Republicans were reneging on their promise to repeal HB2 in full.

State Rep. Chris Sgro, a Democrat, said he would not vote for Berger’s bill because it’s not a full repeal, calling it “HB2.2.”

“They didn’t repeal HB2, they doubled down,” said Sgro, who is also an LGBT activist for Equality North Carolina. “They’re telling city and local governments they can’t decide best practices for themselves about how they protect their citizens.”

Some Republicans suggested they were on board with a full repeal but were skeptical about what would happen next. Others remained resolute that HB2 needed to stay on the books.

“I support HB2 and do not favor its repeal,” North Carolina Lt. Gov. Dan Forest, a Republican, said in a statement. “No economic, political, or ideological pressure can convince me that what is wrong is right. It will always be wrong for men to have access to women’s showers and bathrooms. If HB2 is repealed, there will be nothing on the books to prevent another city or county to take us down this path again.”

North Carolina lawmakers have been debating Berger’s bill since around 3 p.m. Berger expects a full vote to take place later this evening. So far, no Democrat has said they will approve the repeal as presented.