The Bathroom Bill That Ain't

Bathroom bills aren't about bathrooms. And they're not just about amping up the rubes to GOTV.

1st, they know these stoopid laws will be struck down, even tho' it'll take a good bit of time before somebody puts up a solid challenge. (remember, the money's on the side of Authoritarian Jesus)
So they'll get to use it as a wedge for another cycle or two.

But 2nd, assuming the thing does get slammed eventually, there will be pieces left over. There're bits in the NC version that forbid county and municipal bodies putting up Anti-Discrimination Laws that run counter to what the state puts in place, and that torpedo people's right's to petition the courts.

To wit:

§ 95-25.1. Short title and legislative purpose. purpose; local governments preempted.

(c) The General Assembly declares that the regulation of discriminatory practices in employment is properly an issue of general, statewide concern, such that this Article and other applicable provisions of the General Statutes supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement upon an employer pertaining to the regulation of discriminatory practices in employment, except such regulations applicable to personnel employed by that body that are not otherwise in conflict with State law."

And:

§ 143-422.13. Investigations; conciliations.

"This Article does not create, and shall not be construed to create or support, a statutory or common law private right of action, and no person may bring any civil action based upon the public policy expressed herein."

And:
§ 143-422.2. Legislative declaration.
"(a) It is the public policy of this State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, biological sex or handicap by employers which regularly employ 15 or more employees."

(notice anything missing from that last bit about discrimination?)

And:

PART IV. SEVERABILITY"SECTION 4. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. If any provision of this act is temporarily or permanently restrained or enjoined by judicial order, this act shall be enforced as though such restrained or enjoined provisions had not been adopted, provided that whenever such temporary or permanent restraining order or injunction is stayed, dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.

http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdf

So businesses and governments in NC have the legal right to discriminate against LGBTQ, and nobody has the right to go outside the state's Human Relations Commission for remedy. Isn't that just too fucking convenient?

Stop thinking this is about GOP foolishness and shenanigans-as-usual.

Start understanding how fucked up it is by recognizing it as another piece in a widening and increasingly effective assault on the Redress Clause of the 1st Amendment (at least that) - and prob'ly a whole lot more than that, because what kind of government do we get if citizens don't have access to the courts? - when we don't have the right to petition that government for redress?

We are so fucked.