The effect of HB2 on collegiate athletics

According to the general assembly of North Carolina, the Public Facilities Privacy and Security Act, better known as HB2, “provides for single-sex multiple occupancy bathroom and changing facilities in schools and public agencies and to create statewide consistency in regulation of employment and public accommodations.” In the most simple terms, the bill is described as the most anti-LGBTQ+ legislation in the United States.

HB2 eliminates anti-discrimination protections for LGBTQ+ people and also legislates that, at least in government buildings, people must use the restroom corresponding with the sex listed on their birth certificate. There’s more to the bill than just that—preventing municipalities in North Carolina from introducing anti-discrimination policies, setting a local minimum wage and regulating child labor, to name a few. But after decades of fighting for basic equality and less than a year after the Supreme Court made same-sex marriage a national right, the LGBTQ+ community was dealt another tough blow.

“HB2 doesn’t just repeal the existing civil-rights ordinances protecting the LGBT community,” said journalist Garrett Epps in his article in The Atlantic where he is a contributing editor. “It bars a locality or agency from enacting new ones.”

From start to finish, the Public Facilities Privacy and Security Act is unconstitutional—not just the provision involving public restrooms. Despite the fact that this bill has yet to be struck down, hundreds of people and organizations have voiced not only their displeasure, but their disgust. Some of these organizations include the NBA, NCAA and NFL, which have all pulled multiple events from the state in response to HB2. Their opposition came in the form of choosing inclusive venues only or attempting to show how HB2 is contrary to that community’s business interests.

It was the NCAA’s decision to not schedule any basketball championships in North Carolina because of HB2 that was among the most drastic moves. Any fan of college basketball knows that the sport is ingrained in North Carolina’s culture. The organization went so far as to notify all cities hosting NCAA sanctioned championships that a questionnaire detailing how they would protect athletes would be required. While relocating the men’s college basketball championships caught the attention of fans and media alike, this is not the only case of powerful athletic associations standing up against HB2.

The National Junior College Athletic Association plans to relocate its 2017 baseball championship from North Carolina. The Atlantic Coast Conference (A.C.C.) announced that it would move all neutral-site championship from the state, including its football title game in December and its women’s basketball tournament in March. The NBA even decided to pull the 2017 All Star game out of Charlotte because of HB2. The NCAA relocated seven events: the Division I women’s soccer championship, the Division III men’s and women’s soccer championships, the Division I men’s basketball championship (first and second rounds), the Division I women’s golf championships, the Division III men’s and women’s tennis championships, the Division I women’s lacrosse championship and the Division II baseball championship.

North Carolina’s GOP wasn’t particularly pleased with the NCAA, issuing a vapid and childish response.

“This is so absurd it’s almost comical. I genuinely look forward to the NCAA merging all men’s and women’s teams together as singular, unified, unisex teams. Under the NCAA’s logic, colleges should make cheerleaders and football players share bathrooms, showers and hotel rooms,” said Kami Mueller, spokeswoman for the NCGOP. “Perhaps the NCAA should stop with their political peacocking-and instead focus their energies on making sure our nation’s collegiate athletes are safe, both on and off the field.”

While one can easily argue that the NCAA is not a spotless organization and still needs a lot of internal work, the logic presented by the spokesperson for the NCGOP clearly shows what the problem with HB2 is. The NCAA and other opponents of the bill are not looking to erase gender and allow men to enter women’s facilities, and vice versa. These organizations instead just want people to use the facilities of whatever gender they identify with. They are looking to get rid of a law that targets one community of people.

As a place that takes pride in its inclusivity, Muhlenberg College has gone through great lengths to ensure that all of their students feel comfortable on campus—regardless of their sexuality. The college remains drama-free, for the most part. This could be a direct result of the work the College has done to make campus more open and accepting. Some examples of Muhlenberg’s work include: hiring teachers who ask students to identify their preferred pronoun, having accessible gender neutral public restrooms, and creating the Rainbow Room specifically to be a safe space for LGBTQ+ students. A recent event made clear that Muhlenberg College will not tolerate an inconsideration directed at the LGBTQ+ community, no matter how small the incident. One of the athletic teams hung a sign in Parents Plaza that some students considered offensive and insulting to specific groups on campus. The sign was promptly removed and a mass email was sent out to students attempting to spread condolences from the College for allowing such a banner to be hung.

HB2 is embarrassingly unconstitutional and it’s surprising that it hasn’t been repealed. Organizations-like the NCAA-standing up against North Carolina’s legislation are, essentially, just looking to make sure that all fans and athletes are protected and treated equally. Members of the LGBTQ+ community deserve any and all rights granted to citizens of the United States. They are people too, citizens like everyone else. Let’s start treating them that way.