CHARLOTTE, N.C. — “A small group of far-out progressives should not presume to decide for us all that a cross-dresser’s liberty to express his gender non-conformity trumps the right of women and girls to peace of mind in the intimate setting of a public bathroom or shower,” said state Rep. Dan Bishop (R). Bishop represents Mecklenburg County and vows to fight a dangerous proposed LGBT ordinance for Charlotte.
The City Council is expected to vote on a “non-discrimination” policy as early as February 8th that will add “sexual orientation and gender identity”. In an alert sent to its supporters, the North Carolina Values Coalition described the ordinance in this way:
It “would allow men to enter women’s bathrooms legally, for any reason. This ordinance will apply to all businesses, sports and entertainment venues, parks, the YMCA/YWCA, gymnasiums, schools, and any public place whatsoever. Amazingly there is no exemption for churches or private faith-based schools.
“The ordinance exposes women and children to sexual predators in bathrooms, allows government overreach into private lives of Charloteans and businesses that operate in the City, and discriminates against citizens who have religious objections.”
Last year, the City Council voted down a similar proposal by only one vote, but this ordinance is more far-reaching than the previous one.
Bishop explained in a newsletter sent to friends and constituents that a Charlotte Observer poll showed that most of Charlotte was against the last ordinance. “Surely, a bigger majority object to the militant version,” he writes. Nevertheless, he clarified that the City Council did move further to the political left on Election Day and added that the new Mayor, Jennifer Roberts, has repeatedly promised that the ordinance would be at the top of the City’s priority list for 2016.
The state lawmaker, who is still in his first term, but has nearly a quarter of century’s experience as an attorney litigating business and local government controversies, compared the intended ordinance to the one recently adopted by New York City.
Bishop writes:
“Lest this seem like hysteria, recent news out of New York provides a jarring dose of reality. In new regulatory guidance issued Christmas week, New York City gave ‘bold and explicit’ examples of acts forbidden under that City’s ordinance granting protections for ‘gender identity’ and ‘gender expression.’
“Sure enough, punishable offenses include refusing a ‘transgender woman’ access to the women’s bathroom or locker room, even if ‘out of concern that she will make others uncomfortable.’ Also verboten is failing to use such a person’s preferred title or pronoun, including invented ones like ‘ze/hir.’ Even adopting a ties-for-men, skirts-for-women dress code for an upscale restaurant is explicitly declared a violation.
“New York City threatens to ‘aggressively enforce’ its ordinance for the sake of the ‘transgender and gender-nonconforming community.’ The City is decidedly less tolerant of the ordinance-nonconforming community – against whom it promises a crackdown, with investigations, unlimited compensatory damages awards, and civil penalties up to $250,000.”
Dr. Mark Creech, executive director of the Christian Action League, said the Charlotte proposed ordinance is not really about eliminating discrimination, but creating a specially protected class of people at the expense of the rights of others.
“The suggested ordinance itself is discriminatory. Have you ever heard of a city ordinance based on something like a person’s weight or height? Where is the ordinance to protect the obese person? What about little people? What about the stigma of mental illness? Yes, where is the ordinance protecting a person with a mental disability?” asked Dr. Creech. “Yet all of these possess documented forms of discrimination, and unlike ‘sexual orientation’ or ‘gender identity,’ each in various ways might legitimately be equated to immutable characteristics – features unchangeable in life.”
In his newsletter, Bishop also referenced a situation in Houston, Texas, where voters in that city overwhelmingly defeated a similar ordinance by referendum. If it becomes necessary, he says that he will introduce legislation in the General Assembly to furnish an opportunity for Charlotte’s citizenry to do the same. But he says, if passed, the ordinance is more likely to be struck down by a court or the legislature because it would exceed the Council’s legal authority.
“The General Assembly has not authorized city council’s to legislate non-discrimination mandates except in housing, in a manner consistent with federal law. The several non-discrimination ordinances of North Carolina cities generally have been consistent with existing federal or state law and uncontroversial,” said Bishop.
He concluded, “I prefer not to fight with City Council in court and in Raleigh, but if they insist, then that’s what I’ll do.”
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Reprinted with permission from the Christian Action League.