Why Raleigh will wait to expand protections for LGBTQ people
The city of Raleigh will wait to expand protections for LGBTQ people, Mayor Mary-Ann Baldwin said, despite other governments expanding their non-discrimination ordinances now that a state ban has ended.
“My understanding is that there are going to be lawsuits involving some of these other ordinances,” Baldwin told The News & Observer in an interview. “We are waiting to see how this plays out.”
The Raleigh City Council recently reaffirmed its existing ordinance, which encourages community members to “oppose discrimination in all forms,” and reviewed how it could improve its score on the Human Rights Campaign’s Municipal Equality Index, a national assessment of LGBTQ equality.
But Raleigh’s leaders chose not to expand the city’s ordinance, which only applies to city employment and contracts.
Carrboro, Chapel Hill, Durham, Greensboro, Hillsborough and other North Carolina local governments expanded their ordinances this month after provisions in House Bill 142 banning new, local anti-discrimination policies for three years expired Dec. 1.
The state law was approved in 2017 in response to House Bill 2, which had required people to use the bathroom in public facilities that matched the gender on their birth certificate, among other provisions.
“If we are going to pass something that can’t be enforced and isn’t legal, then we are not really accomplishing anything,” Baldwin said. “We are just contributing to the noise. Our longstanding ordinance has been meaningful. We have updated it over the years. We have expanded it to be more inclusive.”
Baldwin referred questions about the legality of expanding the ordinance to the city attorney’s office.
Raleigh City Attorney Robin Tatum said she couldn’t comment on the city’s authority to expand its non-discrimination order based on gender identity, sexuality and military status, citing attorney-client privilege.
The School of Government at UNC-Chapel Hill can’t provide a “clear answer” on the legality of the local ordinances, said Rebecca Badgett, a local government legal educator.
“This is an open area of law, meaning that there is no N.C. statute or case on that specially sets out whether local governments have authority to adopt this type of regulation,” she said. “Therefore, we cannot weigh in on the validity of these regulations without more information.”
Issue ‘deeply personal’ to gay council member
City Council member Jonathan Melton, one of two LGBTQ council members, said it’s his “plan and goal for Raleigh” to take similar action as some of the other cities.
“I am ready to act now but understand the desire to take a measured approach to ensure that when Raleigh acts we pass a thorough and substantive policy that will stand up to legal challenges,” he wrote on his campaign website.
“This issue is deeply personal to me; most of you know I got engaged in July and my fiancé moved to Raleigh,” he said. “Families like ours deserve to know that when we are together in public we can rely on the safety of calling a taxi. When we travel, we deserve to know we will have shelter for the night at a local hotel. Families traveling through Raleigh deserve the same confidence in their safety as well. I am committed to this cause and will keep you updated on our efforts.”
The other Council member, Stormie Forte, did not respond to a phone call and text message from The N&O.
Raleigh is one of 11 cities featured on an Equality North Carolina and Campaign for Southern Equality website asking local leaders to expand their ordinances.
Comprehensive non-discrimination is one of the key priorities of Equality NC, said Kendra Johnson, the nonprofit’s executive director. The organization provided educational materials to cities and mayors, including Raleigh, she said.
“We are seeing local elected officials recognize that every one of their residents and citizens desires to have equal opportunity to pursue their livelihoods, access health care and be able to live their lives free of discrimination,” Johnson said. “So I think it’s a great step toward the progress we want to see in the state and put behind us the legacy of HB 2 and HB 142.”
Equality NC wants to educate cities and help them feel comfortable before moving forward, she said.
She acknowledged that some cities fear backlash from the N.C. General Assembly, as HB 2 was the state’s response to the city of Charlotte expanding its non-discrimination ordinance.
“This is something that is very personal to me,” Baldwin said. “My sister is gay, and I don’t believe that anyone has the right to treat her differently than they have the right to treat me. Finding that balance is very painful, and I take it very personally. It is very hard.”
This story was originally published January 28, 2021 at 8:30 AM with the headline "Why Raleigh will wait to expand protections for LGBTQ people."
