How HB2 inadvertently helped the trans community

While most people agree that North Carolina’s HB2 is a vile piece of legislation that should never have been passed, the good folks of North Carolina actually accomplished a lot with that piece of hateful and bigoted legislation. They managed to showcase to the entire nation exactly the type of hate and discrimination that we in the transgender community face, and they succeeded in mobilizing the trans community and its allies, along with bringing in many new and powerful allies to stand up and fight against this blatant attempt at discrimination.

The reaction for most of us in the trans community upon hearing of the passage of North Carolina’s HB2 was shock and outrage, followed by anger. How could a state in our own country, supposedly the land of the free, pass a piece of legislation that was so blatantly discriminatory. And this was just the latest piece of discriminatory legislation passed in a year which has seen an onslaught of proposed legislation targeting trans people.

Calls to Trans Lifeline, the crisis hotline run for and by trans people, have more than doubled since HB2 and similar legislation have passed in other states. Trans people feel under siege and are afraid to venture out in public for fear of their safety or being jailed for using the appropriate bathroom that matches their gender expression.

But in the midst of all this hate there is a silver lining. It has been heartening to see how the trans community, and more importantly, businesses and cis-people, have rallied in record numbers to show their opposition to HB2 and the politicians and the people of North Carolina who voted to pass the disgraceful legislation. Bruce Springsteen, Ringo Starr, Pearl Jam, Bryan Adams, Boston, and Cirque du Soleil have canceled their performances in North Carolina to protest the law. PayPal has canceled its plans to open an operation center in Charlotte, which was expected to create about 400 jobs. Deutsche Bank has canceled its plans to expand in the state, which was expected to create around 250 new jobs. Lionsgate Entertainment and the A&E Network say they won’t film TV shows and movies in North Carolina if the state doesn’t repeal HB2. And NBA Commissioner Adam Silver already has confirmed that the NBA is reviewing whether it will go ahead with the 2017 all-star game in Charlotte.

The Charlotte Regional Visitors Authority stated the city has lost 13 conventions, four definite cancellations and another nine potential conventions, because of HB2. A newly released report from the Charlotte Chamber of Commerce reports that Charlotte and surrounding areas in Mecklenburg County have lost nearly $285 million and 1,300 jobs as a result of the passage of HB2. The report shows inquiries about new economic development are down 58 percent since March, when HB2 was passed, and that client visits are down 69 percent from last year. The people have spoken, very clearly.

And then it was the government’s turn to speak, and did they ever speak loudly! On May 9th Attorney General Loretta Lynch announced that The Department of Justice has sued the state of North Carolina to block implementation of HB2. In a speech that will forever be hailed as a turning point for transgender rights, Attorney General Lynch blasted the law as “state-sponsored discrimination,” comparing the law to segregation laws of the past. Speaking directly to the transgender community, she went on to say “This action is about a great deal more than bathrooms. This is about the dignity and the respect that we accord our fellow citizens,” she said. “It’s about the founding ideals that have led this country, haltingly but inexorably, in the direction of fairness, inclusion, and equality for all Americans.” And with those words she immediately became one of the leading advocates for transgender rights and a hero to many of us.

That was soon followed by an announcement from the federal government that it has banned anti-trans discrimination in health care and insurance, which means that it’s now illegal for insurance companies to exclude gender transition-related care. As if that weren’t enough, another announcement came that the federal government had issued a policy letter to all schools and colleges informing them that they are now required by law to protect transgender students from discrimination and treat them according to their gender identity, and specifically when it comes to using the restroom and locker room. Although it was just announced that 11 states, led by Texas, are suing the Obama Administration to overturn the directive issued to schools about bathrooms. The battle continues.

While we can savor these victories, there is still a long way to go. The battle for equality, and make no mistake about it, this is a battle and there have been causalities, is a process. And part of that process is enduring the times when it seems like we are losing ground; the proverbial one step forward and two steps back. It is just a matter of time until North Carolina repeals HB2, which will serve to show that this nation will not tolerate such hateful and discriminatory laws being passed. The haters who want to criminalize our existence and use any excuse to throw us in jail will not win. They may be more vocal and have more money, but justice will prevail. This country is still based on the principal that every citizen has rights and freedoms, regardless of gender or sexual orientation. We are not the first group that has been put in the position of having to fight for equality, and like the others, we too will prevail.