When I was a kid I had a terrible habit of slugging my younger brother. Granted it usually followed him tormenting me and me warning him that if he didn’t stop I was going to hit him. Despite my warnings he would continue to needle and annoy me until I passed the boiling point and slugged him; then he’d crumble to the ground in agony and scream for my mother. Sometimes I knew I’d truly hurt him, but many times he definitely hit the emote button to maximize the punishment he knew I was going to get.
When my Mom arrived on the scene a couple of things happened. First she’d ask, “What happened.” Then, as soon as I started explaining with, “I hit him, but he started it…” she’d cut me off and say something to the effect of, “I don’t care what he said or did, there’s no excuse for hitting him. You’re older and bigger than he is, so there’s just no excuse.” Later, after doling out my punishment, she’d ask me why I continued to let him sucker me in like that and why I couldn’t learn to just ignore him? I didn’t have an easy answer, but deep down I knew she was right.
Why this trip down memory lane? Well, I was reading about the NC’s republican leadership saying they’d entertain the idea of repealing HB2 if Charlotte would repeal it’s bathroom ordinance, and it reminded me of me and my brother. They’re claiming that Charlotte passing its bathroom ordinance forced them to pass a law that not only negated the ordinance, but also removed the ability for municipalities to enact employment bias protections more stringent than the state’s, or for employees to sue employers in state court for wrongful termination. In other words the legislature, and governor, did the equivalent of beating the snot out of Charlotte because the city council stuck its tongue out at them.
Here’s what’s being floated by the republicans:
North Carolina’s two top legislative leaders put their weight behind a proposed repeal of House Bill 2 Sunday night, but only if the Charlotte City Council repeals its own transgender nondiscrimination ordinance first…
The joint statement issued on behalf of House Speaker Tim Moore and Senate President Pro Tem Phil Berger is both the clearest sign yet that the General Assembly could backtrack on the controversial law and an effort to pressure the Charlotte City Council in accepting at least some of the responsibility for a months-long fracas over the measure…
“If the Charlotte City Council had not passed its ordinance in the first place, the North Carolina General Assembly would not have called itself back into session to pass HB 2 in response,” the legislative leaders’ statement reads. “Consequently, although our respective caucuses have not met or taken an official position, we believe that, if the Charlotte City Council rescinds its ordinance, there would be support in our caucuses to return state law to where it was pre-HB 2.”
Simply put I think the Charlotte city council would be nuts to cave on this. First, because they don’t gain anything by conceding and second, because the legislature has yet to explain why they can’t repeal the parts of the bill that had nothing to do with the bathroom ordinance.
What the republicans don’t want anyone to pay attention to is Part IV of HB2. Here’s what it says:
PART IV. SEVERABILITY 31 SECTION 4. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. If any provision of this act is temporarily or permanently restrained or enjoined by judicial order, this act shall be enforced as though such restrained or enjoined provisions had not been adopted, provided that whenever such temporary or permanent restraining order or injunction is stayed, dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.
So, if I’m Charlotte my reply is that at a minimum the legislature needs to repeal parts II and III of HB2 before we’ll discuss anything. Even then I think Charlotte’s city council would be dumb to even entertain the idea of repealing the ordinance – after all it’s the legislature and governor who are over a barrel right now – but at least the conversation would be about the specific bathroom bill and not the constraints on local municipalities to provide added employment protections for the LGBT community if they so desired.
How do the legislators and governor not get that to everyone else in the world who isn’t from their camp they look like how I did to my Mom way back when. Even if Charlotte passed the ordinance with the specific intention of provoking them, how could they be so stupid as to get suckered into overreacting and getting themselves sent into economic timeout?
My excuse is that I was 12, but what’s theirs?