As soon as North Carolina lawmakers repealed House Bill 2, the anti-trans bathroom law, we knew it would only be a matter of time until athletic organizations started calling it a victory and went back to business as usual. Basketball is huge in the Tar Heel State, which had already lost millions of dollars and prestige when the NCAA and other collegiate groups moved championship games to other states over the last year. Sure enough, on Tuesday the NCAA announced that North Carolina could again be in the running to host championship college games. The Atlantic Coast Conference announced last week that North Carolina was no longer on its boycott list.
The problem is that the repeal of HB 2 isn't a repeal at all. The new law sets a three-year limit for cities in the state prohibiting them from enacting their own LGBT non-discrimination ordinances. While the original bathroom law was ended, the new one, House Bill 142, left policing bathroom use up to the state Legislature, meaning lawmakers could pass discriminatory laws in the future.
The NCAA even acknowledged that the compromise wasn't ideal, saying its decision to lift its boycott was done "reluctantly," and that North Carolina had "minimally achieved a situation where we believe NCAA championships may be conducted in a non-discriminatory environment," the New York Times reported.
As San Francisco Mayor Ed Lee said, "The partial repeal of North Carolina's HB 2 law does little to address the discriminatory nature of the bill and offers no solutions to the state's unfair attacks on its transgender residents and the overall LGBT community."
The American Civil Liberties Union was even more blunt: "North Carolina's new law does nothing to guarantee that LGBT people will be protected from discrimination," said James Esseks, director of the organization's LGBT and HIV Project.
Not surprisingly, the ACLU warns that anti-LGBT legislators have already signaled their intent to build on the passage of HB 142 to pass more explicit laws targeting transgender people for using restrooms consistent with their gender identity.
The LGBT community lost this one as soon as Republican lawmakers �" and Democratic Governor Roy Cooper �" called HB 142 a "repeal" of HB 2. Most people now think the law was repealed, and while that may be true technically, there's still a lot of room for discrimination because the state is not allowing municipalities and local school districts to adopt their own anti-bias laws and leaves bathroom use up to a bunch of conservatives.
North Carolina lawmakers only acted �" and took the bare minimum necessary to appease powerful groups like the NCAA �" because the economic impact was harmful to the state. HB 2 even cost former Governor Pat McCrory his re-election bid last year. Cooper may be a Democrat, but he's no pro-LGBT maverick. If anything, it's even worse that he signed HB 142 because LGBT groups and others held out hope that he would stand firm in the face of such blatant discrimination. He caved quicker than the NCAA did.
HB 142 serves only to prey on unfounded fears and to stigmatize trans people. LGBT students and others who attend collegiate sporting events will not be safer under this new law, and universities should do what they can to mitigate this problem. The NCAA must take action, too. If it wants college championship games played in North Carolina, then it must ensure that student-athletes, staff, and fans are not ostracized or discriminated against.
RIP Gilbert Baker
Longtime gay activist and rainbow flag creator Gilbert Baker died unexpectedly last week, and the world lost an artist who used his gift to promote equality for all. Baker, who was 65, conceived of the rainbow flag decades ago, and it has become a lasting international symbol for LGBT rights.
Baker taught himself to sew after being honorably discharged from the Army and initially applied his skills to making banners for gay and anti-war protest marches, at the behest of his friend, the late Harvey Milk. He created the first rainbow flag, which was raised for San Francisco Pride, in 1978. His original design incorporated eight colors, the more recognizable flag that we usually see today has six (the hot pink and turquoise were dropped).
Baker reflected on his creation in 2015 when the Museum of Modern Art in New York City acquired one for its collection.
"And I thought, a flag is different than any other form of art," Baker said in a MoMA interview. "It's not a painting, it's not just cloth, it is not just logo �" it functions in so many different ways."
Baker saw his creation used in parades and protests. Rainbow flag designs are used for bumper stickers, decals, and adorn all types of clothing. Some supportive members of Congress have small rainbow flags outside their offices. They are seen everywhere. So recognizable as a universal symbol of LGBT pride and celebration, its presence in certain countries and cultures could even put its owners' life and safety at risk.
"We need a flag," Baker told the Bay Area Reporter two years ago. "It's about our struggle and our defiance. Just because we get a measure of civil rights doesn't end our struggle."
Indeed. These days, the LGBTQ community's struggle is ongoing, and while Baker won't be here to see what lies ahead for the people he loved, we will always remember and cherish the contributions he made �" and fly the flag he designed �" with pride.