HB2 – The Law That Should Have Never Been

by Elizabeth Nervegna

June 9, 2016—As a North Carolina resident, I will begin by stating that I disagree both with the city of Charlotte LGBT protection ordinance passed and its counter-measure, the state-passed HB2, as I firmly believe no level of government – city, state or federal – should have anything to do with legislating protections for certain people groups, including where people choose to use the restroom.

Unfortunately, as much as I disagree with HB2, now that the federal government has gotten involved, I have no choice but to support the legislation to some degree. While disagreeing firmly with both the Charlotte LGBT ordinance and HB2, I disagree infinitely more with an overreaching federal government that unconstitutionally forces individual states to not legislate as they see fit.

There are many that claim – including our nation’s attorney general – that the federal government had to get involved in the fight to overturn HB2, because the state law violates aspects of the Civil Rights Act, however, in my opinion, shouldn’t the Civil Rights Act only ensure the equal treatment of individuals by publicly-funded government and public services that all of us pay into through our [stolen] tax dollars?

On the flip side, there are many crying for protection from men who may now legally pose as women to enter restrooms and locker rooms with the intention to abuse and do harm. But wouldn’t causing harm to another in any fashion be a violation of someone’s right to life, liberty or happiness that is already illegal and punishable by law?

At the end of the day, individual states and private businesses shouldn’t have to subscribe to the Civil Rights Act. Equally, individuals and families don’t need laws in place to protect them from every scenario imaginable. If a business wants to be racist or bigoted or implement particular protections for their customers – though I would never choose to run a business in that fashion – the business has the right to do so and let the market dictate what happens thereafter. It is only a true free-market approach such as this that will eliminate the costly and dividing battles such as the current fight over the “right” for where one should or shouldn’t use the restroom.

I wonder what the founders would think if they could examine what types of issues today’s Americans demand their government trample and intrude on!