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Public Facilities Privacy and Security Act


The Public Facilities Privacy & Security Act, officially called An Act to Provide 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 but commonly known as House Bill 2 or HB2, is an act passed in the U.S. state of North Carolina in March 2016. It was signed into law by Governor Pat McCrory. Some opponents of the bill describe it as the most anti-LGBT legislation in the United States. Some proponents of HB2 call it "common sense" legislation, while advocates of repeal say replacing it with an anti-discrimination law is "common sense".

One contentious element of the law eliminates anti-discrimination protections for lesbian, gay, bisexual and transgender people, and legislates that in government buildings, individuals may only use restrooms and changing facilities that correspond to the sex on their birth certificates. This has been criticized because it prevents transgender people who do not or cannot alter their birth certificates from using the restroom consistent with their gender identity: in North Carolina, only people who undergo sex reassignment surgery can change the sex on their birth certificates, and outside jurisdictions have different rules, some more restrictive. The legislation changes the definition of sex in the state's anti-discrimination law to "the physical condition of being male or female, which is stated on a person's birth certificate."

The act also prevents municipalities in North Carolina from enacting anti-discrimination policies, setting a local minimum wage, regulating child labor, or making certain regulations for city workers. The legislation initially removed the statutory and common-law private right of action to enforce state anti-discrimination statutes in state courts, but was later amended to restore that right.


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