NORTH CAROLINA – Republican lawmakers have introduced a new bill to the General Assembly that would restrict transgender rights.
READ MORE: State Republicans override 6 vetoed bills on transgender rights, charter schools, building code
ALSO: Legislation limiting transgender healthcare and sports participation makes headway in Raleigh
Senators Vickie Sawyer (R-Iredell) and Brad Overcash (R-Gaston) introduced a bill on March 25 that would regulate who can use state-funded sex-specific bathrooms, but it also goes one step further. It eliminates one’s ability to change the sex on driver’s licenses and birth certificates, stating it must match what someone was designated with at birth. In addition, the bill would codify gender-related terminology.
“I’d really rather they focus on NC teacher pay, jobs, lowering costs, and clean water,” New Hanover Rep. Deb Butler said of the legislation. “What are we doing here?”
PCD reached out to Sen. Michael Lee (R-New Hanover) to ask about the bill but didn’t hear back by press.
The new legislation comes five years after the repeal of NC’s first controversial “bathroom bill.”
HB 2 was signed into law in 2016 by then-Governor Pat McCrory. Unlike the current proposal, HB 2 extended transgender bathroom access restrictions to both public and private institutions. While HB 2 didn’t tell private businesses how to manage their bathrooms, it removed the ability of local governments to create laws that would have protected trans people in those private businesses.
According to the Associated Press, HB 2 cost the state an estimated $3.76 billion as a result of companies and organizations leaving North Carolina to do business in areas that did not restrict transgender bathroom access. For example, Charlotte lost an estimated 400 jobs when PayPal abandoned plans for a new facility, citing concerns over HB 2.
Portions of HB 2 were repealed in 2017 by former Governor Roy Cooper. The bill was officially repealed in 2020.
The new Senate bill, titled the Women’s Safety and Protection Act (SB 516), states restrooms in all state-funded buildings — such as schools, prisons, juvenile detention facilities, and domestic violence centers — must be restricted to use by one biological sex at a time. If these facilities are accessible to multiple biological sexes, the facility must also implement rules or policies to enforce single-sex use.
Bob Fankboner, communications coordinator for Pender County Schools, said the district is aware of the new proposal.
Pender County Schools does not currently have a specific policy that directly addresses transgender students or restroom access. The district complies with federal Title IX guidelines, which prohibit discrimination based on sex and have been interpreted to include protections for transgender individuals.
“While there is no specific policy language addressing gender identity, Pender County Schools strives to ensure that all students feel safe, respected, and supported,” he stated. “As a public-school district, we are obligated to comply with state laws while maintaining our commitment to inclusivity. Should this bill become law, we will carefully review its requirements and work to implement them in a manner that minimizes disruption and prioritizes the well-being of all students.”
The bathroom access provisions of Senate Bill 516 include an exception designed to accommodate family needs. The legislation allows for “family use” of single or multiple occupancy restrooms or changing facilities regardless of biological sex. This exemption aims to provide flexibility for parents with young children, such as a mother helping her son into a women’s restroom.
NC Values Coalition spokesperson Ashley Vaughan contended the bill is necessary to protect women’s health and safety.
“North Carolina must return to the common sense understanding that men are men, women are women, and men should not be allowed to rob women of their safety and privacy by invading their private spaces,” she wrote in an email. “We need to protect women and girls in private spaces where they are vulnerable. North Carolina schools should never allow children to be on the front lines of the gender ideology confusion.”
The new legislation also restricts individuals seeking to change the sex on their driver’s license or birth certificate. SB 516 mandates the North Carolina Division of Motor Vehicles only recognize male and female designations. The sex assigned to an individual at birth is the only sex that could appear on a license or birth certificate.
SB 516 also seeks to establish gender-related terms to apply to all applicable general statutes. According to the bill, biological sex is defined as the sex that was assigned to a person at birth, specifically disregarding a person’s chosen gender identity. Gender is defined by the bill as: “The psychological, behavioral, social, and cultural aspects of being male or female.”
Conversely, the Gay and Lesbian Alliance Against Defamation specifies that gender includes male, female, or nonbinary distinctions, the latter of whom don’t associate with either male or female sex designations.
The program director of Wilmington Transgender Support Services said he sees firsthand what harm can be caused to others due to legislation of this caliber.
“This bill, dubbed HB2 2.0, is not about protecting anyone,” TR Nunley wrote to Port City Daily. “It’s about policing transgender bodies and reinforcing discrimination.”
The U.S. Transgender Survey, released last winter, notes 30% of transgender people were harassed in person and 39% online for their gender identity, with 6% saying they were verbally or physically accosted when accessing a restroom. One in 10 transgender people reported not receiving the same access to services due to their gender identity.
“Our trans and nonbinary youth deserve dignity, privacy, and the freedom to live authentically without fear of state-sanctioned surveillance,” Nunley continued. “We will not be erased, and we will not be silent. If there are LGBTQ youth or allies out there seeking refuge, I want them to know they are not alone. The LGBTQ Center of the Cape Fear Coast offers programs for queer youth, and Wilmington Transgender Support Services offers a dedicated program specifically for transgender and nonbinary kids. There is community here — and there is safety, support, and power in it.”
ILM Action Network hosted a rally on Thalian Hall steps over the weekend ahead of Transgender Day of Visibility and told WHQR SB 516 is “hell bent on destroying any actual transition ability for trans people.”
The state legislation’s proposal comes on the heels of President Trump signing executive orders limiting transgender rights. On the first day of his second term, Trump signed an order instructing federal prisons to keep men and women separated based on their sex identified at birth. The State Department was also instructed to stop allowing individuals to change the gender marker on their passports or obtain new passports that reflect their gender identity instead of their sex assigned at birth.
Trump has attempted to ban transgender people from military service in another EO and cut federal support for gender transitions for people under age 19. However, many of these orders are being challenged in court.
Sawyer and Overcash anticipated potential legal challenges of Senate Bill 516, specifying any law or statute that creates a difference in how males and females are treated is subject to “intermediate scrutiny.”
When a law treats men and women differently, courts use an “intermediate scrutiny” test to decide if it’s legal. It means the state has to show a really good reason for the difference and that the law is closely connected to that reason. A harder test, called “strict scrutiny,” requires an extremely important reason and a very precise law. Intermediate scrutiny gives the state a little more wiggle room, but they still have to prove the law makes sense.
Tips or comments? Email info@localdailymedia.com.
Want to read more from PCD? Subscribe now and then sign up for our morning newsletter, Wilmington Wire, and get the headlines delivered to your inbox every morning.
