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North Carolina's Republican legislative leaders and Democratic governor have reached a deal to repeal HB2, the law requiring public agencies, including public colleges and universities, to bar transgender people from using bathrooms other than those associated with their legal gender assigned at birth. The deal is timed to avoid a deadline from the National Collegiate Athletic Association on repealing the law or losing eligibility to host championship events for several years. Some provisions in the repeal legislation -- expected to be adopted today -- are being opposed by gay rights groups, and it is unclear if the NCAA and other organizations boycotting North Carolina will decide that the repeal has gone far enough.

A draft of the repeal legislation published by The Charlotte Observer includes these provisions:

  • Only the General Assembly may regulate access to bathrooms of public agencies, and the boards of the University of North Carolina and the North Carolina Community College System are specifically barred from doing so without legislative approval.
  • No local government may pass legislation to assure equal access to bathrooms.
  • No local government may pass legislation on private employment practices.

These provisions are designed to prevent public colleges or local governments from affirming the right of transgender people to use the bathrooms of their choice. Further, the local-ordinance ban would block North Carolina cities or counties from banning discrimination on the basis of sexual orientation or gender identity.

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