NC Republicans are on a tear. Which bills have a real chance at becoming law? | Opinion

In a lot of ways, the North Carolina General Assembly seems to be moving even further to the right. Lawmakers have filed a flurry of bills targeting everything from the LGBTQ+ community to higher education.

There are a lot of controversial bills out there, and it’s hard to keep track of them all. But which actually have a chance of becoming law? Which bills might be vetoed — and is it possible for Republicans to override that veto?

Here are some of the bills we’re watching. We’ll be providing updates as bills progress or stall.

Transgender sports ban

Bill: House Bill 574 (The Senate has its own version)

What it does: Bans transgender students from participating in sports consistent with their gender identity. The House’s version differs slightly from the Senate’s because it includes college sports, not just middle and high school.

What others think: “There is no actual evidence to support the claim that allowing transgender athletes to participate will reduce or harm participation in girls’ sports,” Dr. CK Raynes Wilder, a North Carolina physician, told lawmakers in a committee hearing. “On the other hand, there is strong evidence that sports participation is an important childhood experience for all children.”

Supporters of the bill say it is necessary to keep female athletes save and preserve the competitiveness of women’s sports.

What we think: Only about 15 transgender student athletes participate in high school sports in the entire state. Saying that women and girls need to be “protected” from them — whether it’s on the field or off — suggests that transgender people are dangerous. They’re not, and lawmakers shouldn’t be targeting them.

Will it become law? The House and Senate still need to come to an agreement on which version of the bill they want to become law. But there’s more than enough support in both chambers to override a potential veto. In the House, three Democrats joined Republicans in voting for the bill.

Gender-affirming treatment ban

Bill: Senate Bill 639 (titled the Youth Health Protection Act)

What it does: Prohibits treatment for the “purpose of attempting to alter the appearance of or affirm the minor’s perception of his or her gender or sex.” Essentially, it’s a ban on gender-affirming care — including surgery, puberty blockers and hormone therapy — for minors.



A similar bill in the House was recently heard in committee and amended to only ban gender-affirming surgeries for minors, removing the provisions on puberty blockers and hormone therapy.

What others think: Doctors say gender-affirming care can be life-saving, given the high rates of depression and suicide in transgender youth. Organizations like the American Academy of Pediatrics and the American Medical Association have emphasized the importance of such care.

What we think: Part of a large swath of anti-LGBTQ+ legislation filed in recent months, the bill ignores the consensus of medical professionals and targets the transgender community under the guise of “protecting children.”

Will it become law? A similar bill failed to progress in the legislature last session, but momentum from other states passing similar legislation could give this bill fuel in North Carolina. A caveat: The U.S. Department of Justice filed a lawsuit this week challenging a similar bill recently passed in Tennessee. North Carolina lawmakers, hesitant about similar litigation, might wait until the Tennessee lawsuit is resolved.

Drag show ban

Bill: House Bill 673

What it does: Bans drag performances in public places or in the presence of a minor. It classifies “male or female impersonators who provide entertainment that appeals to a prurient interest” as adult entertainment.

What others think: “If folks are going to do that, or they want to have those kinds of shows, I prefer that children not be exposed to that,” Rep. Donnie Loftis, one of the bill’s primary sponsors, recently told The News & Observer.

Equality NC, an LGBTQ+ advocacy group, called the bill a “clear violation of our first amendment rights to freedom of speech and freedom of expression and another attempt to remove queer and trans people from public life.”

What we think: The bill’s language is overly vague. It doesn’t just threaten drag — it threatens free expression altogether. A similar bill recently passed in Tennessee was blocked by a federal judge because it was “overly broad.”

Will it become law? Many of the bill’s sponsors are members of the House Freedom Caucus, who tend to be among the most extreme Republicans serving in the House. Rep. Donny Lambeth, another of the bill’s primary sponsors, told the Editorial Board he isn’t sure when or if the bill will be heard in committee.

Increased restrictions on abortion

Bill: Senate Bill 20

What it does: After prolonged discussions, Republican leaders announced in May that they had come to an agreement on a bill that bans most abortions after 12 weeks of pregnancy in North Carolina, with exceptions.

What others think: Many health care providers have urged the legislature not to pass further restrictions on abortion, saying it would exacerbate existing health disparities and impede their ability to provide critical care for patients. But Republicans argue that North Carolina’s current 20-week ban on abortion is too permissive.

What we think: Abortion bans are dangerous and rob people of the freedom to make their own decisions about their lives and bodies. Politicians should not be in the business of policing people’s bodies, and access to reproductive health care saves lives.

Will it become law? Probably. Whether or not Republicans can override a veto will likely come down to the vote of Tricia Cotham, who in the past marketed herself as pro-choice but has more recently suggested she might be open to further restrictions on abortion. GOP lawmakers said at a press conference that all Republicans have committed to supporting the bill.

Anti-critical race theory bill

Bill: House Bill 187

What it does: Limits how concepts like racism and sexism can be taught in schools. Lawmakers say the bill is designed to prevent schools from promoting Critical Race Theory. A similar bill passed in 2021 but was vetoed by Gov. Roy Cooper.

What others think: Opponents of the bill fear it could have a “chilling effect” on teachers and limit their ability to teach students an honest account of history. In other states, similar laws have led to confusion and self-censorship among educators.

What we think: There is no evidence of Critical Race Theory even being taught in public schools, and few concrete examples of teachers trying to “indoctrinate” their students. The language of the bill is vague enough to potentially deter teachers from talking about important topics like racism and slavery — which, while perhaps uncomfortable, are necessary for students to learn.

Will it become law? The bill passed the House along party lines in March, but not with enough votes to override a veto. Cotham, still a Democrat at the time, joined her then-party in voting against it. It now awaits its fate in the Senate.

Eliminating academic tenure

Bill: House Bill 715

What it does: Eliminate academic tenure for professors at UNC System institutions hired after July 1, 2024. It would also put research initiatives under increased scrutiny.

What others think: More than 670 faculty members at UNC-Chapel Hill signed onto a letter opposing the bill and other examples of legislative overreach — which they call a “war on higher education in our state.” Tenure has also come under threat from Republican lawmakers in states like Texas, Louisiana and Florida.

What we think: This bill is yet another example of the heavy hand that Republicans have used to guide higher education in our state. It is a threat to the academic freedom of UNC System faculty and could sabotage efforts to recruit new faculty.

Will it become law? It’s unclear. It was pulled from committee last week, but it has received the backing of some powerful Republican lawmakers.

This story was originally published April 28, 2023 at 5:00 AM with the headline "NC Republicans are on a tear. Which bills have a real chance at becoming law? | Opinion."