The Battle of the Bathrooms

by | Apr 14, 2016 | 2016 Elections, Carolina Strategic Analysis, Features, LGBT Rights, NC Politics | 11 comments

There’s an irony in the fallout over HB 2. The part of the law that has received the most attention and has sparked the most controversy, leading to mass boycotts, is also its most popular provision. Polls show that North Carolinians overwhelmingly support the ‘bathroom’ part of the bill.

This is precisely why you’re unlikely to see legislators revisit the bathroom provision. It’s also why Republicans may have erred in overreaching. Had they just gone with making Charlotte’s law (and all other laws like it) null and void, the backlash we’re seeing wouldn’t be present. LGBT groups are good at picking their battles, and they would have probably concluded that the North Carolina battle wasn’t worth it.

Even though Republicans enacted a much broader law, they can still reap the political benefits. North Carolinians are concerned about the economic impact of the law but also want the bathroom provision in place. The side that listens to the people and appears to share their concerns is going to win, politically.

Right now, the governor is getting raked over the coals for his executive order on HB 2 but his position – of compromise – is the appropriate one. I’m also convinced it’s a winning position and in line with the vast majority of NC voters, of whom only a minority want the entire law repealed. McCrory’s concessions should reassure the electorate that the governor is not a right-wing ideologue. He’s willing to listen and to make changes to existing laws if necessary.

For the LGBT groups and social activist corporations fighting the law, the ball is now in their court. Do they continue to fight for full repeal – a position not shared by the vast majority of North Carolinians – or do they take what they can get and instead put pressure on the legislature to make minor changes? The ultimate winner in this tug-of-war is going to be the side that appears most willing to make concessions and listen to the other side. Opponents of the law should keep that in mind – and remember also that they don’t want this debate to be about bathrooms.

11 Comments

  1. Had enough

    Let ’em keep on whistling Dixie

  2. Jay

    The argument above reminds me of the scene in “Monty Python’s Holy Grail” where Sir Arthur meets the Black Knight. Arthur lops off one arm then both arms. He lops off one leg then both legs while the Black Knight mocks him. “It’s just a scratch.” and “That’s just a flesh wound.” The Black has no defense but continues to talk tough.

    HB2 is an idiotic law. It is unenforceable. It is unconstitutional. The creates the impression that stupid Southerners are playing at the law. It is an indefensible attempt to bully a tiny interest group while secretly taking away basic rights from everyone else.

    The state’s reputation is suffering. The governor is a punchline. World-famous artists have made HB2 a cause celebre. Conventions bookings and business expansion into the state have come to a screeching halt. Assistant Attorney General Josh Stein estimated the damage thus far at roughly $500,000,000 and counting, but the long-term damage will be much more serious.

    Those who attempt to defend it should also tattoo “I’m with Stupid” on their foreheads.

    Give it up. When you are bleeding jobs and your name is on the lips of every comedian, you have kind of lost that fight. Walk away. You are bleeding all over us.

  3. Apply Liberally

    Oh, and one other thing you failed to mention, Mr.Wynne. The last SurveyUSA poll just a month ago had McCrory over Cooper by 47-45. This new Syrvey USA poll has Cooper over McCrory 47-43. A 6 point swing in just a month.

    Hmm…. I wonder what happened to cause that? Could it be that those in the middle of the NC electorate see this gov for what he is—someone who signs bills he doesn’t understand, who can’t stand up for his beliefs or against his GOP colleagues, and who meekly tries to defend radical right positions??

  4. Possum up a stump

    Please proceed, GOP. You’re on the losing side of this culture war. You can just keep on whistling Dixie.

  5. Apply Liberally

    Your reading/comprehension/interpretative skills should be a personal embarrassment, Mr Wynne. And your drive to cherry-pick or ignore data from the poll you cite –just to fit your narrative–is obvious.

    First, with regard to those who support the bathroom provisions, how is 56% an “overwhelming majority”? It isn’t—especially given the 3.6% margin of error of the survey, and given that you added the 10% of the “somewhat agree” responses to the 46% “strongly agree” responses. It’s impossible to know, via this survey and its specific questions, why 10% said that they “somewhat agree” with the bathroom provisions. Isn’t it a possibility that a chunk of those respondents felt that the birth certificate criterion is unenforceable and wrong-headed, and that the criterion should have been how bathroom users look and present themselves? Most transgenders would opine that women and children are much more likely to be fearful of someone in their bathroom who looks very much like a guy (but is still a woman genitally from birth) than they would be of someone who is genitally-from birth a guy but looks for all the world like a women. Lastly, calling HB2 support “overwhelming” when the majority (57%) of respondents said that they knew only some or nothing about the law, is also a reach.

    Next, you failed to mention in your blog that 50% oppose the law, while only 38% support it.

    You also failed to mention that (52%) said gay, lesbian, bisexual and transgender individuals should be protected against discrimination.

    Your further failed to note survey findings that likely herald more–not less–disaffection coming the NCGOP’s way due to HB2, i.e., most of the opposition to HB2 is coming from the state’s largest metro areas, which are also the state’s fastest growing areas, population-wise.

    And you conveniently omitted the large majorities that said the HB2 has hurt the state economically and image-wise.

    Finally, you didn’t mention that the largest cohort of respondents (37%) of voters say the law should be repealed in its entirety, and the smallest group (18%) said the law should be left in place “as is.”

  6. Bob

    Wynne is right….again. The courts will settle the bathroom argument. The NC GOP does not need to back down from that. If the NC GOP wants to win this going forward, after so much of the damage has been done, it should repeal HB2 and replace it with a bathroom bill only. That would satisfy the unwashed, pitchforking masses of my good ole home state. That is what McCrory wanted to begin with, but Phil and Tim took it to the next level and overreached. This mess is their fault, but McCrory is the one who will pay the price, if any is paid at all. I like that McCrory wants to extend nondiscrimination policies to include sexual orientation and gender identity to some state employees, but that was a very dumb political move for him to make. It doesn’t help him at all and might alienate social conservatives who don’t really trust him anyway. I just hate the damage all this has done to the state I love.

  7. Connie Headrick

    I really think you are wrong. I think you are speaking to a group that says what you want to hear. And who is going to pay the Potty Police? How are they going to verify your sex is the same as on your birth certificate? As for how I feel as a fellow North Carolinian, well I am most comfortable if Women in the Ladies Room look like women! A Transexual woman in a ladies room would not bother me in the least. I know that as fact because I have had that experience at work. This entire matter is insane, over reaching & pure discrimination. Let’s just make all bathrooms Uni-sex and be done with this insanity! As for Children, I have raised 2 children & until they were a certain age they did not use a public facility without a parent. And the parents I allowed my children to go places with felt the same way. Parents have a responsibility to watch over their children. Checking the genitals of any adult entering a bathroom is not the way to protect children. Protecting a child is the job of the parents & any other adult in the vicinity.

    Get out more – listen to people outside your closed social network. This matter is totally without merit and is against the Constitution!

    • Katherine F Smart

      Well said, Connie. This whole thing is absurd and total waste of our tax money.

    • Donna

      Well said!

      • Donna

        Well said is for Connie!!

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