H.B. 2 – A Lesson from History
Elon Law Review, Vol. 9, No. 2 (2017)
15 Pages Posted: 21 Feb 2017 Last revised: 13 Dec 2017
Date Written: February 21, 2017
Abstract
On March 23, 2016, North Carolina’s General Assembly passed House Bill 2, which regulates transgendered individuals’ use of public facilities such as restrooms. The U.S. Department of Justice has made clear that H.B. 2 violates federal civil rights law, and has threatened to cut federal education funding if H.B. 2 is not repealed. Unfortunately, North Carolina has not learned from the experiences that its neighboring state of Virginia endured more than fifty years ago. In the 1950s and 60s, the local government in Prince Edward County, Virginia engaged in “Massive Resistance” by refusing to integrate its schools in response to Brown v. Board of Education. Instead, it turned down federal funds and shut down its public schools for nearly ten years, crippling the local economy and cheating a generation of youth out of basic education. This article compares the present situation in North Carolina with that of Prince Edward County, Virginia in the 1950s and 60s, focusing on the secondary implications on the public of a fight between state and federal government over civil rights issues. Part I of this Article addresses the lessons from history that can be applied to the present situation. Part II of this Article explains the disastrous effect that North Carolina’s refusal to repeal H.B. 2 could have on North Carolina’s citizens. Part III briefly concludes.
Keywords: H.B. 2, Carcaño v. McCrory, Civil Rights, Transgender, Federalism, Brown v. Board, North Carolina, McCrory, LGBTQ, Massive Resistance, Byrd, Barbara Johns, Civil Rights Act, Public Schools, School Funding, Education, Legal History
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