Last month, the North Carolina State Legislature overrode Governor Stein’s veto of multiple bills, including H.B. 805, an attack on the rights of LGBTQ+ and especially transgender North Carolinians. H.B. 805 is just one of many harmful bills the legislature has passed by overriding the governor’s veto. Others include a bill repealing a plan to reduce carbon emissions in North Carolina and a bill requiring NC sheriffs to work more closely with ICE to enforce mass deportation. H.B. 805 covers a wide range of topics, each of which is outlined here. Scroll the bottom of this article to find more information and resources availble to LGBTQ+ North Carolinians impacted by H.B 805.
1. Defines Sex As Male & Female
The law defines sex as only male or female, basing this definition on a person’s presumed reproductive anatomy and ability to produce sperm or eggs. This law could have dangerous implications for trans people when it comes to bathrooms, identity documents, and more, but the actual impact of these laws, which have now been passed in 18 states, remains to be seen.
2. Attempts to Intimidate Gender-Affirming Care Providers
The law extends the time a patient has to bring a medical malpractice suit against a gender-affirming healthcare provider. This is an attempt to intimidate providers, but it does NOT mean that gender-affirming care is banned for adults in North Carolina.
3. Allows Transgender People to Change the Sex on Their Birth Certificate, But Requires That The Outdated Birth Certificate Be Attached to the New One
HB805 requires state officials to keep the original birth certificate and the new one on file together in a multi-page document. This policy will lead to transgender North Carolinians being forcibly outed in situations where a birth certificate is needed.
4. Bans Gender-Affirming Care for People Incarcerated by the State of North Carolina
This policy strips the right to medically-necessary, life-saving healthcare from adults who are held in North Carolina state prisons.
5. Allows Parents to Prohibit Their Child From Reading Certain Library Books or Participate in Certain Class Activities for Any Reason
All North Carolina students deserve an equal and diverse education. Laws like this have historically been used to inhibit open discussion of LGBTQ+ identity, racism & racial justice, and more in schools.
6. Requires Students to be Housed According to Sex Assigned at Birth on Overnight Field Trips
This policy puts transgender students at risk of bullying and harassment and will likely result in some transgender students deciding not to go on field trips that would enrich their education.
Helpful Resources
For More Information on HB 805:
ACLU of North Carolina’s HB805 Anti-Trans Bill FAQ https://www.acluofnorthcarolina.org/hb805-anti-trans-bill-faq/
For Support Resisting Anti-LGBTQ+ Discrimination in Your School:
CSE’s Supportive Schools Program https://bit.ly/supportive_schools
For Support Accessing Youth Gender-Affirming Care:
CSE’s Trans Youth Emergency Project transyouthemergencyproject.org
For More Information on bills defining sex:
MAP’s Regulating Gender to Allow Discrimination https://www.lgbtmap.org/equality-maps/nondiscrimination/defining_sex
For Information About How to Update the Gender Marker on Your Birth Certificate:
A4TE’s ID Documents Center https://transequality.org/documents/north-carolina-identity-documents
To Support Incarcerated Trans Folks:
TEP’s Inmate Advocacy Project https://transempowerment.org/tep-projects/inmate-advocacy-project/
