A conservative non-discrimination ordinance for Charlotte

Several months ago, we convened a group of Young Republicans to embark on a mission. We knew a Non-Discrimination Ordinance was going to be back in play in Charlotte. As Charlotte Republicans, we were tired of not being invited to the table. We were tired of being presented flawed policy at the last moment and then being painted as the party of no, as the party of exclusion.

We set to work with a simple goal: how could we use conservative principles to have a proactive stance on the NDO? After all, our core principles define our party. Limited government with a heart. Lower taxes while funding sustainable solutions for the least of us. Operating always under the rule of law, while recognizing all laws aren’t perfect. It becomes a lot harder to take positions when you must align to unwavering principles, but in that challenge lies our unique strength.

Then we found the perfect fit, in the principle we hold most dear, to guide our NDO position: freedom.

In that, we found the opportunity to be more expansive in our NDO proposal than had ever been attempted in Charlotte. We started with the simple premise that individual liberty manifests itself in the marketplace as either expressive behavior or standard behavior. From the premise flowed some striking conclusions. On the one hand, forcing a baker whose business is performing expressive and custom behavior to bake a cake conveying a message they find objectionable infringes on individual freedom. On the other hand, not allowing a gay couple to eat at a restaurant with a standard menu because of who they are, or refusing to rent an apartment to a transgender person because they are trans, infringes on their freedom.

Applying these basic tenets, we were able to craft simple yet powerful NDO language protects the freedom not just of our LGBTQ+ community but also our Black community through the inclusion of natural hair style. Our ordinance language is unique because of its breadth. Most NDOs passed in North Carolina since January only incorporate protections in public accommodations and employment. Our language extends to essential housing protections.

We also have strong protections for religious individuals and organizations. In a pluralistic society, we must ensure the exercise of our individual freedoms don’t infringe upon the liberty and freedom of others. That is why we have incorporated language that explicitly prohibits the government from compelling speech or expressive conduct in violation of the Constitution. We have also made clear that no religious organization should be compelled to hire someone who does not adhere to the tenants of that religious organization, consistent with Supreme Court precedent.

Once we completed our work, we went on a dialogue tour with our side of the aisle. We received thoughtful challenges and logical pushbacks that ended up making the end product even better.

Will every Republican agree with this conclusion? No. But we have done enough homework to have confidence that our principled argument will stand strong. And while we hope that one day soon this type of ordinance won’t be necessary, for today it is a reasonable and principled approach.