5 years after HB2, LGBTQ+ protections are a ‘full circle moment’ for Charlotte

Jenny Gunn lived in Texas five years ago when North Carolina made national headlines with House Bill 2, the infamous “bathroom bill” that nullified a Charlotte nondiscrimination ordinance. HB2 was passed within weeks of Gunn coming out publicly as transgender, and its effects were felt far and wide. Following North Carolina’s lead, Texas tried (and failed) to pass a bathroom bill of its own in 2017.

“We felt Charlotte from 1,400 miles away,” Gunn said.

Now, after five years without local LGBTQ+ protections, Charlotte leaders are considering an expansion to the city’s nondiscrimination ordinance. The Charlotte City Council discussed a draft of the NDO expansion at a strategy session Monday, and a vote is expected on Aug. 9. The updated ordinance would designate sexual orientation, gender identity and expression, and natural hairstyles as protected classes.

The protections in this ordinance are important anywhere. But here in Charlotte, they’re especially meaningful given the city’s history. Progress was initially made and then lost five years ago, when the city first attempted to expand its nondiscrimination ordinance in 2016 to include LGBTQ+ protections.

Gunn, now an LGBTQ+ advocate who lives in Charlotte, says it’s a “full circle moment” that sends a powerful message to the community.

“Words mean things. Governmental discrimination like HB2 is the lowest form of public policy to target a community like it did,” Gunn said. “Vice versa, this is the most noble public servant thing that Charlotte can do, saying that people who are protected in this nondiscrimination ordinance are valued.”

When Gunn moved to North Carolina with a friend a few years after HB2, she was wary, knowing the state’s ugly history with the transgender community.

“I was like, ‘Ugh, North Carolina of all places,’” Gunn said. “And, you know, that’s going to go through the minds of anybody that’s moving a company here or adding an office, whether it’s Apple or Amazon or a major corporation.”

North Carolina lost out on hundreds of millions of dollars as a result of HB2. The state’s reputation still hasn’t fully recovered, and it’s taken years for local governments to be able to do anything about it. When the N.C. General Assembly repealed HB2 and replaced it with House Bill 142 in 2017, it placed a three-year moratorium on local governments passing non-discrimination ordinances. That moratorium didn’t expire until December 2020.

Since coming out as trans, Gunn said, she has faced housing and employment discrimination. That’s why these protections matter. Without them, LGBTQ+ people can be denied access to public accommodations such as restaurants and hotels. They can be denied employment or fired from their current job.

Key details of the ordinance still need to be hammered out, including whether the expansion will apply to all businesses or only those with less than 15 employees. City attorney Patrick Baker is expected to send a revised draft of the ordinance to council members on Thursday.

Still, it’s a crucial step in a city this size, and one that’s been years in the making. Of the 15 largest U.S. cities, Charlotte is the only one that does not explicitly prohibit employment discrimination on the basis of sexual orientation and gender identity.

The legacy of HB2 still haunts some — especially Charlotte’s leaders. But five years ago, implementing these protections drew bitter debate, and the city’s ordinance was passed in a split council vote with significant public pushback. Now, almost everyone seems to be on board, even Republican council members. That, at least, is some proof of progress.

“Charlotte is ready for this. Charlotte was ready six years ago when they passed it, and we’re definitely ready for it now,” Gunn said. “To be a thriving city and have a good reputation, we need this ordinance.”

We agree. City Council members should pursue an NDO with confidence, not only to provide protections for the LGBTQ+ community, but to turn a page for all of Charlotte. It’s time, finally.