North Carolina’s got a shiny new law legalizing antigay discrimination and legislating where trans folk can pee. (More specifically, it forbids the state’s cities and municipalities from passing nondiscrimination laws that protect sexual orientation and gender identity, which some have done.) It’s probably in violation of current Federal regulations and the Constitution, but it could be years before that’s sorted out in court.
H2 was written, passed in a special legislative session, and signed into law in about 10 hours — so quickly that some Democrats walked out of the state Senate in protest of the procedural chicanery. There was effectively no time to mount any public campaign against the law before it became law. Which is a pity, because a similar law under consideration in Georgia is now literally up against Mary Poppins and Captain America: the Walt Disney Company and its subsidiary Marvel Entertainment are threatening to pull operations from the state if the bill passes.
I’m not aware that North Carolina has much of an economic stake in making superhero science fiction, but I do happen to know that the state is deeply invested in actual science. The Research Triangle is a development region created in a public-private partnership to foster science, engineering, technology, and mathematics (STEM) businesses with close ties to Duke University, the University of North Carolina, and North Carolina State University. It was named one of the “Top 10 Biopharma Clusters” last year. So this seems like it might be a problem for the academic side of all that partnership:
As interpreted by the Department of Education, Title IX of the Education Amendments of 1972 forbids discrimination against trans students in any school that receives federal funding. These schools are prohibited from excluding trans students from the bathroom consistent with their gender identity. The new North Carolina law, dubbed H2, rebukes this federal mandate by forbidding public schools from allowing trans students to use the correct bathroom. That jeopardizes the more than $4.5 billion in federal education funding that North Carolina expected to receive in 2016.