Monday – 02 May 2016 Something came to mind a few minutes ago and I am trying to wrap my head around the legal shadings surrounding it. Let me back up and say that I think that NC HB 2 is one of the more idiotic, bigoted and offensive laws that I’ve heard of being […]

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Serious Question about NC House Bill 2…

By nrobert. Filed in everyday glory, food for thought, politics and law  |  
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Serious Question about NC House Bill 2...

Monday – 02 May 2016
Something came to mind a few minutes ago and I am trying to wrap my head around the legal shadings surrounding it.

Let me back up and say that I think that NC HB 2 is one of the more idiotic, bigoted and offensive laws that I’ve heard of being proposed, let alone one that has actually been enacted. So, if you’re a fan of this law, you might want to ignore the rest of this post.

In broad terms – and according to the letter of the law – users of public single-sex, multiple occupancy restrooms must use the bathroom that matches their birth gender identity, correct?

I have two 4yo daughters, who I am not about to make – or allow, really – go into a public restroom by themselves. Multiple reasons. But, if I take them into the men’s room, am I in violation of the law?

I was talking this out with my friend, Chris, who pointed out the following:

Chris
Tricky. THEY would be the ones in violation of the law.
I think it has an exception for kids under a certain age, but I don’t know what age that is.

Rob
Right, but there’s the whole issue of them being not of age, so wouldn’t responsibility/culpability fall back on me?

Chris
You know, I’m not sure how that works. If they’re 12 and burn down the school, you’re not criminally responsible, but you might be on the hook for civil financial penalties.

That being said, there is an exception for: To accompany a person needing assistance

For me, that’s part of the problem: The girls are fully capable of going without assistance, for the most part; they are, however, too young to go unaccompanied. And, for example, on nights when Sara works and I take them out to dinner, they have to go to the men’s room to use the bathroom.

Chris responded to that with:

And yeah, I see nothing in the law specifying an age. Now if you tried to take them into the ladies room, I think they’d be more likely to try to enforce it than vice versa. But it seems to me that, technically, they don’t NEED assistance and so they would be in violation if you took them into a men’s room. Probably no judge would uphold it, but it would be a hassle for sure.

So, if I were to bring the girls to visit their grandparents in NC and we were to go out and I wound up having to take them to the restroom, would I have to worry about someone getting their dander up and trying to drag me to court – or even jail – because I had to take them to the “wrong” bathroom?

Food for thought.

And, I welcome any serious discourse on the matter, especially from anyone who lives in NC.

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