HomeMy WebLinkAboutRES-2016-031 Resolution Calling for the Repeal of Session Law 2016-3/House Bill 2 q-1?a�
RES-2016-031
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION CALLING FOR THE REPEAL OF
SESSION LAW 2016-3/HOUSE BILL 2
WHEREAS, on February 22, 2016, the Charlotte City Council approved a local ordinance that adds marital
status, familial status, sexual orientation, gender identity, and gender expression to its list of categories
protected from discrimination in city contracting and public accommodations; and
WHEREAS, on March 22, 2016,the Orange County Board of Commissioners adopted a resolution supporting
Charlotte's nondiscrimination policy;and
WHEREAS, on March 23, 2016,the North Carolina General Assembly in special session ratified and Governor
Pat McCrory signed House Bill 2 (Session Law 2016-3), the Public Facilities Privacy & Security Act which
further limits the ability of local governments to address issues on a local basis; and
WHEREAS, House Bill 2 [HB2] appears to repeal the Charlotte ordinance by establishing new statewide
standards for what constitutes discriminatory practice in employment and public accommodations;and
WHEREAS,the omission of sexual orientation,gender identity,gender expression, and other categories from
the statewide list of categories protected from discrimination means that protections on these bases appear
to be unavailable through state law, and that local governments appear to be preempted from offering these
protections to their residents; and
WHEREAS, HB2 appears to eliminate the right of any person to bring a civil action in a North Carolina court
for a claim of discrimination in employment or public accommodations on account of race, religion, color,
national origin,age and biological sex,as well as handicap for employment only; and
WHEREAS,HB2 is inconsistent with the Equal Protection Clause of the United States Constitution; and
WHEREAS, Orange County is dedicated to assuring that the principles of equality, nondiscrimination and full
inclusion and engagement extend to all residents,and that no persons are denied their civil or human rights;
NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners urges the North
Carolina General Assembly to repeal House Bill 2 [HB2] in its entirety at the earliest opportunity; and
BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners reaffirms its duty to protect
and advance the constitutional rights and equitable treatment of all residents of Orange County; and
BE IT FURTHER RESOLVED,that the Orange County Board of Commissioners reaffirms its duty to protect
and advance the constitutional rights and equitable treatment of all residents of Orange County as well as its
primacy in understanding and best reflecting the values of our constituents; and
BE IT MOREOVER RESOLVED, that the Orange County Board of Commissioners asks the Orange County
Clerk to send copies of this resolution to the members of the Orange County delegation of the General
Assembly and to the North Carolina Association of County Commissioners.
This the 19th day of April,2016.
65
Earl McKee,Chair
Orange County Board of Commissioners