Tag Archives: HB2

Pino’s Response to the NCAA Ban on North Carolina

If I were in position to craft state law here in Raleigh, my response to the NCAA and their ban on NC* would be this:

Simply restrict restroom and locker room access in the exact same manner as the NCAA restricts access to sporting teams in their leagues:

The following policies clarify participation of transgender student-athletes undergoing hormonal treatment for gender transition:

1. A trans male (FTM) student-athlete who has received a medical exception for treatment with testosterone for diagnosed Gender Identity Disorder or gender dysphoria and/or Transsexualism, for purposes of NCAA competition may compete on a men’s team, but is no longer eligible to compete on a women’s team without changing that team status to a mixed team.

2. A trans female (MTF) student-athlete being treated with testosterone suppression medication for Gender Identity Disorder or gender dysphoria and/or Transsexualism, for the purposes of NCAA competition may continue to compete on a men’s team but may not compete on a women’s team without changing it to a mixed team status until completing one calendar year of testosterone suppression treatment.

Any transgender student-athlete who is not taking hormone treatment related to gender transition may participate in sex-separated sports activities in accordance with his or her assigned birth gender.

  • A trans male (FTM) student-athlete who is not taking testosterone related to gender transition may participate on a men’s or women’s team.

  • A trans female (MTF) transgender student-athlete who is not taking hormone treatments related to gender transition may not compete on a women’s team.

The NCAA itself discriminates based on gender.  FURTHER, the organization differentiates between MTF and FTM.

Opposition to HB2 indeed.

Restroom Solution

No Stalls

With all of the hullabalu created by the liberal democrats in Charlotte regarding potty policy, I humbly suggest an easy and economical solution.

One room, no stalls and no sexual discriminating facilities.

Simple.

This doesn’t discriminate on sex, biological or identify, and allows for maximum usage based on events that might skew based on gender – home craft show vs. fishing expo.

In real life,  I ran track in high school and when we traveled to Fairmont, MN the field house for the men was configured in this manner.  One large room with 4 toilets in the center – no walls creating stalls at all.  Two sinks in the corner.

Similarly, in the 7th and 8th grades I was introduced to ‘public showering’ in PE and then in after school sports.  12-13-14 year old boys showered in this:

Gang shower.2

One giant room with 8-10 shower heads where we all showered together.  My freshman year at the University of Minnesota – same thing.

In high school, the showers transitioned to this:

Gang shower.1
Post showers with 4-5 heads per pedestal.  Two pedestals per shower room.

If you think that North Carolina’s HB2 is discriminatory or offensive or distasteful, then step forward and support complete and total gender agnostic bathroom and shower facilities in our Jr. and Sr. High Schools.

Anyone?

Boycott: Target

Target 2

I’ve seen that there is a nationwide boycott of Target:

On its web site, Target announced, “[W]e welcome transgender team members and guests to use the restroom or fitting room facility that corresponds with their gender identity. …Everyone deserves to feel like they belong.”

This isn’t silly – it’s stupid.

Carolina passed HB2 not as a rule to keep private restrooms in compliance but rather as a response to the city of Charlotte’s over reach in mandating restroom policy.  The WHOLE point of HB2 is that each private business Ought be free to craft their own policy.

And Target has.

More power to them.

And since almost every facility in Target is individual stall/facility, I don’t have an issue with their decision.

Please, shop at Target and celebrate individual liberty!

HB2

Big group of isolated small people in a line

It would seem that North Carolina is the talk of the ball.  Of course, it all centers on HB2.

So, last I left you I was writing that North Carolina passed a law that said restrooms were to be used by people based on their sex.  And by sex, NC means the sex listed on their birth certificate.  I was wrong – kinda.

North Carolina has said that in schools and state building restroom policy is based on sex, yes.  However, the bill now law, also says that individual business owners may craft their OWN restroom policy as they see fit.  Cities may not – North Carolina has stated that such powers are not granted to cities.

Also in the bill, now law, are the following:

  • Cities may not raise minimum wage
  • Employees may not use state law to sue employers for wrongful termination
  • There is no ‘protected class’ extensions for folks based on sexual orientation or identity

In order, my take on each.

The United States is built on the concept of state sovereignty – states have the power, not the federal government or the cities within it.  It is fully within the state of North Carolina’s authority to grant cities THEIR authority.  And having common wage levels across the state can make sense.

The decision not to allow folks to sue using state law is a bit of a head scratcher for me.  I fully admit to the possibility that this is bad policy.

The most controversial aspect of the law is the protected class portion.  I can absolutely understand the very strong and the very real desire to include such protections for the LGBT community – and, as a practical matter, such protections should be included.  However.

There is always a however.  As a libertarian, my natural inclination is to say that there should be no law restricting the right of association.  That is, people may freely choose to associate, or not, for any reason under the canopy of heaven.

Don’t like me because I have long hair?  Don’t hire me.

Don’t like me because I am fiscally conservative?  Fine – don’t associate with me.

Don’t like me because I’m a Viking fan?  Good – don’t invite me into your Cheese Head bar.

Now, before you bash me for hating, hear this.  Discrimination based on race, orientation, identify or religion indicates that you are ignorant.  And an ass.

I just don’t think that being a dumb ass should be illegal.

Now, for the record, here are the OTHER states that don’t extend protected class status to the LGBT community:

Idaho, Montana, Wyoming, North and South Dakota, Nebraska, Kansas, Oklahoma, Texas, Missouri, Arkansas, Louisiana, Mississippi, Alabama, Tennessee, Kentucky, Indian, Michigan, Ohio, Pennsylvania, West Virginia, Virginia, South Carolina, Georgia, Florida and Alaska.

Where is the righteous rage in these jurisdictions?