Anywayyyyy, here's the final "ratified" bill in NC: http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v3.pdf … / Story by @dominicholden:http://www.buzzfeed.com/dominicholden/north-carolina-lgbt-discrimintion#.gjNg2GyP6k …
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So that's that. Again, read
@dominicholden's report for all of what happened today in North Carolina:http://www.buzzfeed.com/dominicholden/north-carolina-lgbt-discrimintion#.hr3Oqrn04v … -
In short, it's kind of amazing to me that we're not seeing more pushback from the usual suspects. This is a very broad bill that fits ...
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... the perceived (and highlighted!) negative consequences of the Arkansas bill AND the Houston referendum effort of last year!
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Gonna be very interesting to see what comes next here, and I'd definitely be following
@dominicholden to find out. -
OK, about the preemption of local ordinances: Lots are asking about this ...https://twitter.com/robdeko/status/712861260510064641 …
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Here's the deal: Similar laws were passed in 2011 in TN and last year in AR; no challenge has been decided on the merits in either state.
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Romer involved a state constitutional amendment that specifically barred local "homosexual, lesbian or bisexual" protections.
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WOW, right?! That ban was passed by Colorado voters in 1992. In 1996,
#SCOTUS said this was clearly motivated by animus and not allowed. -
The 2011 Tennessee law and the 2015 Arkansas law try to be cute about it, just saying locals can't go further than state protections ...
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... which happen to have the effect of barring LGBT protections, which don't exist in either of those states at the state level.
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This is, basically, what we see in NC's law here (although, NC might go a bit further, I need to check):pic.twitter.com/zh9eltxKVP
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But, the other sections (my 1, 2, & 5 #'d tweets above—containing the "biological sex" language) could be at risk of Romer-type challenge.
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@chrisgeidner "Free of discrimination provided that [X] shall not be deemed discrimination" is a great way to go down in history. - 1 more reply
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@chrisgeidner How does this square with Romer v Evans? Don't see 5 Sup Ct votes to uphold law.Thanks. Twitter will use this to make your timeline better. UndoUndo
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