1. Multiple occupancy school bathrooms & changing facilities must be single-sex based on biological sex.pic.twitter.com/oe9GkrDvUa
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Romer involved a state constitutional amendment that specifically barred local "homosexual, lesbian or bisexual" protections.
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 ...
... which happen to have the effect of barring LGBT protections, which don't exist in either of those states at the state level.
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
But, the other sections (my 1, 2, & 5 #'d tweets above—containing the "biological sex" language) could be at risk of Romer-type challenge.
@chrisgeidner AR law included policy language transparently intended to satisfy Romer
@chrisgeidner something about uniformity of laws promoting economic growth
@CookieSprout Yes, I know ... I didn't want to get into every bit of the args here, since the response is "that's clearly pretext," but yes.
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