NC Republicans override Cooper to pass 6 new laws after debate over LGBTQ+ youth

North Carolina Republican lawmakers overrode Democratic Gov. Roy Cooper’s vetoes on Wednesday to pass six new laws, including enacting new restrictions on LGBTQ+ rights.

Both the Senate and House voted to bypass Cooper on a trio of of bills impacting the LGBTQ+ community. One new law makes North Carolina the 23rd state to prohibit transgender female athletes from playing on girls’ and women’s sports teams.

Another new law restricts gender-affirming care for minors. A third prevents gender identity from being part of the curriculum in kindergarten through fourth-grade classrooms. That law, the Parents’ Bill of Rights, also requires parental notification if a student wants to change their name or pronouns.

Both chambers also overrode Cooper on two bills dealing with charter schools. One new law changes who approves charter schools and the other will make it easier for charter schools, including low-performing ones, to add students.

The sixth veto will impact the ability of the state to impose new home building energy mandates.

Political culture wars?

Supporters say the bills on LGBTQ+ youth will protect parental rights and female athletes and help young people avoid making decisions they’ll regret later in life. GOP lawmakers charged that only activists are against the bills.

“There are those who are adamant that traditional public schools should be the only educational avenue that the state provides to families,” said Sen. Amy Galey, an Alamance County Republican. “However, many of these same people defend the pushing of parents out of their child’s public school education, support keeping the truth about a student’s mental health from parents and telling lies and resist every effort to keep sex out of elementary schools or to remove inappropriate materials that can not be printed in a newspaper or shown on TV news.”

But Cooper has called the bills examples of fighting “political culture wars.” He noted Wednesday that the votes are happening even as Republicans haven’t been able to agree among themselves on a state budget.

“The legislature finally comes back to pass legislation that discriminates, makes housing less safe, blocks FEMA disaster recovery funding, hurts the freedom to vote and damages our economy,” Cooper said in a statement Wednesday. “Yet they still won’t pass a budget when teachers, school bus drivers and Medicaid Expansion for thousands of working people getting kicked off their health plans every week are desperately needed.

“These are the wrong priorities, especially when they should be working nights and weekends if necessary to get a budget passed by the end of the month.”

Hazel Havens, who was watching the House debate from outside the gallery above lawmakers, said they were there to show lawmakers that there “are people that are watching that care about trans youth, that want them to continue to live and be able to be who they are.”

Veto override votes were made easier after Rep. Tricia Cotham of Mecklenburg County left the Democratic Party to join the GOP. Her defection gave Republicans veto-proof majorities in both the House and the Senate.

The override votes were primarily along party lines, with all Republicans in the affirmative. But several of the overrides had support from one or more Democrats. The bills on transgender youth won support from two Democrats, Rep. Michael Wray of Halifax County and Rep. Garland Pierce of Scotland County.

No Democratic lawmakers supported the Parents’ Bill of Rights.

What’s in the new laws?

▪ House Bill 574, the “Fairness in Women’s Sports Act,” bans “students of the male sex” from playing on all “athletic teams designated for females, women or girls.” It applies to all public middle and high schools, as well as private middle and high schools that are members of an interscholastic athletic organization or that play against a team required to follow the provisions of the bill. It also applies to all public and private colleges and universities whose teams are a part of an “intercollegiate athletic program,” like the NCAA..

▪ House Bill 808 prohibits puberty blockers and surgical gender transition procedures for minors, creating penalties for doctors who perform the treatments — including having their medical licenses revoked. Some exceptions are made, such as procedures for children with sex development disorders. Twenty other states have also enacted similar bans, though the neighboring states of Virginia and South Carolina have not.

▪ Senate Bill 49, the “Parents’ Bill of Rights,” bars curriculum on gender identity, sexual activity or sexuality in kindergarten through fourth grades in all public schools. It requires teachers and public school employees to tell parents if their children change their names or pronouns on school records.

In his veto message, Cooper called the bill a “Don’t Say Gay” bill, referencing the moniker given to a similar bill that garnered national attention in Florida.

▪ House Bill 618, which saw support from a few Democrats, transfers the State Board of Education’s power over charter school approvals and renewals to a new Charter Schools Review Board, renamed from the Charter Schools Advisory Board. Eight of the board’s 11 voting members will be chosen by the General Assembly, which is controlled by Republicans. The legislation is expected to increase the number of charter schools in the state.

▪ House Bill 219 lets a charter school add as many students it as wants as long as it’s not academically low performing. Low-performing charter schools will be allowed to ask for permission to grow by by more than 20%.

The bill also makes multiple changes to charter school laws, including letting counties spend property tax dollars on charter school building needs.

▪ House BIll 488 prevents the Building Code Council, whose members are appointed by Cooper, from requiring new homes to have additional insulation and other energy efficiency measures. Instead, it creates a new Residential Code Council that is charged with making changes to the energy, fuel, gas and mechanical codes for homes. Cooper, or a future governor, will be able to appoint seven members to the new 13-member council, but nine members would be needed to vote to make changes in the code, meaning at least some council members appointed by the General Assembly would need to agree with any changes proposed by the governor’s appointees. All members will also need to be confirmed by the Senate.

Press conferences and counter-protests

Ahead of the votes, supporters and opponents held press conferences Wednesday outside the Legislative Building. Both press conferences saw counter protests by people trying to talk over the speakers.

During the N.C. Values Coalition press conference, attendees held up signs such as “Save Women’s Sports” and “Protect Women’s Sports.”

Among the speakers was Payton McNabb, who drew national headlines last year when the then-Cherokee County high school volleyball player suffered a concussion after a spike by a reportedly transgender opponent.

“I don’t want my sister, my cousins and any other biological female to ever go through what I went through,” McNabb said. “I’m here to stand up for the girls and women of North Carolina. The veto of this bill was not only a veto on women’s rights, but a slap in the face to every female in the state.”

Opponents tried to drown out the N.C. Values Coalition press conference with chants and music played over a loudspeaker. Shouts such as “you’re killing people with your hateful legislation, bigot,” were hurled by protesters.

“This is what bullying looks like, and our voices will be heard,” Sen. Vickie Sawyer, an Iredell County Republican, said at the N.C. Values Coalition press conference. “I promise you that I will lead this bill to the Senate floor and to override the veto of the governor in the face of bullies.”

Legal action threatened over bills

Later in the afternoon, Equality NC, the ACLU and Planned Parenthood South Atlantic held a joint press conference denouncing the incoming overrides.

“These bills are harmful to the community,” Rebby Kern, director of education policy for Equality NC, said at the press conference. “They threaten the autonomy of transgender and queer youth in North Carolina. They censor educators and youth in schools and undermine medical professionals and parents making informed health care decisions.”

Kern also suggested impending legal action, saying “we will absolutely ensure that the courts hear from us, that what’s happening here in this body is going to be blocked, is going to be stopped and that these hateful laws will not be implemented here in our state.”

Behind the press conference, Moms For Liberty activists emerged on the roof of the Legislative Building holding signs that said, “stop mutilating children.” At one point, they began singing the national anthem over the speakers.