"What the government gives, it must first take away." -- John Strider Coleman

House Bill 2


This is one of my email responses to some who have not read House Bill 2, but felt compelled to comment to me about what a terrible bill it is:

Fact 1: According to the NC Constitution, Article VII, Section 1, paragraph 1 explains that local governments get their authority from the General Assembly. The General Assembly retains the sole right to legislate statewide. Local governments have no authority to determine restroom or shower facility use. Local governments have no authority to mandate to businesses outside their jurisdiction, and their proposed ordinance would have affected any business wishing to contract with the city, regardless of their business location.

Fact 2: The Mayor and City Council members were advised by their legislative delegation and by the Governor's office not to pass this ordinance because they do not have the authority to do so.

Fact 3: The Mayor and City Council members were advised that should they ignore the advice and exceed their statutory authority, the General Assembly would convene to negate their unconstitutional efforts.

Fact 4: Charlotte's Mayor and City Council ignored good advice and passed an ordinance that A. Discriminates against women and girls B. Puts the safety of women and girls in jeopardy C. Mandated that businesses allow men into womens facilities and women into mens facilities D. Exceeded the limits of their authority

Fact 5: House Bill 2 (H2) overturned Charlotte's unconstitutional usurpation of State authority and returned to individual businesses the power to utilize and manage their facilities as they see fit. This means if PayPal or Lowes or any of the other businesses that are posturing as a result of H2 seriously want to allow men into their women's rest rooms, they may do so at their own business. They have no reason to complain about H2, because if it was not passed they would be required to allow men into women's facilities and women into men's facilities.

Fact 6: Charlotte's ordinance would not have allowed restrooms marked men or women. Their ordinance would have required all restrooms to allow anyone in, regardless of gender, and this includes everyone, not just men in dresses or women in men's clothes.

Fact 7: The NC law regarding restroom and shower facility use for businesses remained the same after H2 was passed as it was the day before it was passed.

Fact 8: Nothing changed for businesses, so PayPal, Apple, Lowes and Springsteen are posturing based on pressure from the left, and not based on the actual contents of the bill which they have not read.

Fact 9: H2 ensures that women and children will not be discriminated against by putting them in danger by allowing men into their private spaces.

Fact 10: There is nothing in this bill that discriminates against anyone.

Fact 11: Whatever their reasons, many businesses are simply posturing to placate the left, and the result will be minimal. Regardless, we have no business making policy based on threats from business. Our policy is based on the needs and the safety of North Carolinians, and the safety of the citizens is our foremost responsibility.

Fact 12: Should you disagree with facts 1 through 10, please re-read the bill. I can go on, but I have made my point.

Regards,
Michael




Constitutional Amendment Issues  



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