Critics of the NC Public Facilities and Security Act Have Probably Never Read or Understood It

Apr 5, 2016

CHARLOTTE, NC – Liberty Counsel has offered to defend the North Carolina Public Facilities and Security Act because it is both constitutional and a common sense regulation. “Those who criticize this law probably have either failed to read and understand it, or they intentionally misrepresent it,” said Mat Staver, Founder and Chairman of Liberty Counsel.

To understand the law, it is important to look at the Charlotte ordinance. First, except for a limited application to companies that contract with the city, the Charlotte ordinance did not affect employment. That ordinance acknowledged that employment is a statewide concern and not within the authority of the municipality. Second, the ordinance tried to reach beyond the city limits to regulate practices of businesses that contract with the city. Third, the Charlotte ordinance was a “bathroom” law that allowed men to use the women’s restrooms, locker rooms, and shower rooms.

The North Carolina legislature reiterated the policy that such regulations must be done on a statewide basis. Cities have no authority to create a conflicting patchwork of laws that vary from city to city and county to county. This law overruled the ill-conceived “bathroom” law of Charlotte. Under the North Carolina law, a person born biologically male can still use the women’s restroom, locker room, or changing facility if the person has had the designated sex changed on his birth certificate. North Carolina allows a person to change the sex listed on the birth certificate to a different sex if it was a mistake or if the person had plastic surgery and obtained a note from a physician.

The North Carolina law was passed to maintain statewide uniformity and prevents abuse, such as has happened in other states. Recently, a 51-year-old, cross-dressing male in Georgia entered the women’s restroom and exposed himself to women who were shocked and offended. In Minneapolis, a 15-year-old boy entered the girls’ locker room where five girls were in various stages of undress as they prepared for a basketball game. The boy looked around and disrobed in front of the frightened girls. When the girls and the parents complained, school authorities said they could not prevent boys from using the girls’ locker room because of the so-called “transgender” policy.

"The North Carolina law is a commonsense law that protects the privacy and safety of women and girls. Bathroom bills that allow men to use the women’s restrooms and locker rooms are nonsense. A biological man should use the men’s restroom. How simple can that concept be?” said Staver. “The North Carolina law did not address employment in the private sector. The relationship between private employers and employees remains free of local government interference, and remains regulated by the state. If private companies want to provide additional policies, they are free to do so. People should read the law and stop the histrionics,” he concluded.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.