NC Republicans revive "bathroom bill" themes in new legislation
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Two North Carolina Republican state senators unveiled legislation Tuesday that echoes the state's 2016 "bathroom bill," also known as HB2, which banned transgender people from using restrooms that align with their gender identity.
Why it matters: It's been nine years — almost to the day — since state legislative Republicans filed the infamous HB2, sparking nationwide backlash that cost the state billions, aided Democrats in winning the governor's mansion and forced Republicans to backtrack.
Driving the news: This year's bill, titled the Women's Safety and Protection Act, includes language much like HB2 in that it defines "biological sex" and restricts access to bathrooms, but it is more sweeping in scope.
- The bill includes an extensive definition of "biological sex or sex" — along with "boy," "father," "man," "male," "girl," "mother," "woman" and "female" — that appears to mimic recent guidance issued by the U.S. Department of Health and Human Services.
- It applies bathroom and changing room restrictions to a broader umbrella of facilities, including prisons, rape crisis and domestic violence centers and schools.
- The bill, sponsored by state GOP Sens. Vickie Sawyer and Brad Overcash, would also grant people who encounter someone of the "opposite biological sex" the ability to sue facilities that violate the law and block transgender people from changing their birth certificate because of sex reassignment.
Reality check: An estimated 1.7% of the world population is born with biological traits that don't fit the binary of male and female sexes.
- In North Carolina, 0.9% of adults identify as transgender.
Between the lines: The political climate now is vastly different than it was in 2016, when Republican Gov. Pat McCrory's signing of HB2 into law likely cost him re-election.
- Numerous state legislatures have since implemented laws restricting bathroom access, and President Trump has made rolling back trans rights a top priority of his administration.
What they're saying: "I don't anticipate the corporate community or the sports and entertainment community or the Democratic party to aggressively push back against this effort because the American public better understands the impact this issue has on locker rooms, women's sports and prisons, unlike eight years ago," McCrory told Axios.
- "The political environment has changed dramatically."
Flashback: North Carolina's Republican-controlled Legislature successfully advanced — and passed into law — legislation banning people assigned male at birth from playing on women's sports teams in 2023.
- Democrats warned then that legislation could bring economic damage like HB2.
- Testing that theory: Numerous companies that Axios asked to comment on the legislation at the time declined or did not respond.
- Professional sports teams, including the NBA's Charlotte Hornets, NFL's Carolina Panthers and NHL's Carolina Hurricanes, also stayed silent or declined to comment at the time.
What's next: With the bill still in early stages, it's unclear whether the legislation is a priority for the GOP this session and whether — or when — it will advance.