North Carolina lawmakers could repeal House Bill 2 on Thursday under a deal struck late Wednesday night by Democratic Gov. Roy Cooper and Republican legislative leaders.
Senate leader Phil Berger announced the deal shortly after 10:30 p.m. The announcement capped a day of intensified negotiations and sometimes contentious meetings of lawmakers from both parties.
Berger and House Speaker Tim Moore took no questions. Details of the deal were to be released later Wednesday.
For over a year, the law, widely seen as anti-LGBT, put North Carolina in the national spotlight and prompted boycotts and economic losses. But the compromise to repeal it drew fire from LGBT groups even before it was announced.
They said the Senate will vote first, at 9:15 a.m. Thursday. The House will then vote.
The movement on HB2 comes ahead of a deadline Thursday from the NCAA to make changes to the controversial LGBT law or lose the ability to host sports championships through 2022.
Senate Minority Leader Dan Blue said Wednesday afternoon that he, Gov. Roy Cooper and Republican leaders had been negotiating "over the past 48 hours in a joint effort to find common ground and repeal House Bill 2."
"We have been dealing with varying philosophical differences on a wide range of points related to House Bill 2 itself and various compromise proposals," Blue in a news release. "This is too important and we can't throw in the towel on this."
Leaked information appeared to reveal a compromise that would repeal HB2, prevent cities from regulating bathrooms and locker rooms while preventing local governments from adopting anti-discrimination ordinances for three years. Sources said House Republicans narrowly approved the compromise in a closed-door caucus, but in numbers that would require Democratic votes on the floor.
For some HB2 opponents, that is apparently too much. Rep. Cecil Brockman, one of two openly gay lawmakers, slammed the door in frustration when leaving a caucus meeting. The Human Rights Campaign and Equality NC issued a news release as negotiations continued.
"The rumored HB2 'deal' does nothing more than double-down on discrimination and would ensure North Carolina remains the worst state in the nation for LGBTQ people," HRC President Chad Griffin said in a statement. "The consequences of this hateful law will only continue without full repeal of HB2. Sellouts cave under pressure. Leaders fight for what's right."
Wednesday's action follows a news conference Tuesday in which Moore and Berger said they are willing to agree "in principle" to House Bill 2 changes they say were proposed last week by Gov. Roy Cooper -- but the Democratic governor says there are "still issues to be worked out."
Moore and Berger said Tuesday that they were surprised that Cooper did not agree to the terms of a compromise.
Later, Cooper met at the governor's mansion for more than two hours with Berger and Moore. They broke at about 9:45 p.m. with no agreement.
HB2 bans cities, towns and counties from passing nondiscrimination ordinances. Berger indicated that the proposed changes to HB2 would allow local governments to enact ordinances but only with the protected classifications established in federal law. Those classifications don't explicitly include sexual orientation or gender identity.
The proposal would repeal HB2 but would ban local governments, universities and school boards from setting bathroom access policies similar to the Charlotte nondiscrimination ordinance that prompted HB2.
It also includes a provision to "protect the rights of conscience," which would allow lawsuits against the state for anyone who believes their constitutional rights are threatened by government action. That provision has drawn comparisons to Indiana's controversial Religious Freedom Restoration Act, but Moore rejects that description. Cooper says he'll oppose any bill with a provision similar to RFRA.
Two Charlotte-area senators have weighed in. Democratic Sen. Joel Ford of Charlotte introduced a bill last week that would repeal the bill and call for a "cooling off" period. Republican Sen. Jeff Tarte of Cornelius plans to introduce another repeal measure Wednesday. It would increase penalties for crimes committed in bathrooms or locker rooms and add sexual orientation to protected classes. And it has a "conscience" clause for people with religious objections.
"I've had leadership on both sides say it has major flaws -- it's too logical," Tarte said. "It's a true compromise."
(c)2017 The News & Observer (Raleigh, N.C.)
