Banzhaf: North Carolina Rescinding Transgender Bathroom Legislation Returns Us to Status Quo

DURHAM, NC - MAY 11: A gender neutral sign is posted outside a bathrooms at Oval Park Grill on May 11, 2016 in Durham, North Carolina. (Photo by Sara D. Davis/Getty Images) *** Local Caption *** House Bill 2
Sara D. Davis/Getty

Professor John Banzhaf, public interest law professor at George Washington University Law School, spoke with Breitbart News Daily SiriusXM host Alex Marlow on Wednesday about the news that North Carolina is set to act on legislation pertaining to LGBT individuals and restroom use.

As PRLog reports:

The North Carolina legislature is poised to pass a bill Wednesday rescinding its controversial HB2 legislation which curbed many general legal protections for lesbian, gay, bisexual, and transgender people, and mandated that people use restrooms based upon their so-called birth gender – apparently even if they had subsequently undergone a sex-change operation.

Banzhaf said, “If this passes … we may be returning to what we call the status quo ante. In other words, we go back to before all this nonsense and probably then leave it to the individual schools or employers or whatever to make whatever determinations they want regarding who can use a restroom.”

Banzhaf also addressed the issue here:

This would appear to return decisions as to restroom use by transgender people to individual operators, where they were generally decided until the recent governmental interventions, says public interest law professor John Banzhaf, noting that both pieces of legislation sought to impose an extreme one-side-fits-all approach which did not allow for any flexibility or middle ground.

But Banzhaf suggests that what accommodation is most appropriate in a school might depend, for example, on the ages of the children. Thus an arrangement for a first grade class may be very different from what works best at a high school with much old [sic] students undergoing puberty.

“What I’ve done,” Banzhaf added Wednesday, “is propose a number of steps that can be taken between these two extremes.

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