How Democrats Passed North Carolina's New Anti-trans Laws, Part Two - podcast episode cover

How Democrats Passed North Carolina's New Anti-trans Laws, Part Two

Aug 28, 202521 min
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Episode description

Mia continues her conversation with journalist David Forbes about two recent horrific anti-trans bills in North Carolina and how Democrats made them possible.

https://transnews.network/p/nc-dems-anti-trans-betrayals

@davidforbes.bsky.social

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Transcript

Speaker 1

All Zone Media.

Speaker 2

Welcome Dick It Happened Here a podcast about things falling apart and also sometimes about how claiming that you were going to put things back together and then not doing

it makes things fall apart even worse. I am your host, Mia Wong, and today we are going to be continuing with part two of my interview with David Forbes, an editor and journalist with the Trans News Network in the Asheville Blade, about the history of the North Carolina Democratic Parties progressive veneer over their agreement with Republican policies, and importantly, how the Democratic Party's original response to the anti trans bathroom bills from twenty sixteen paved the way for where

we are today. So enjoy. Let's talk about the original bathroom bills, because I think there's some knowledge well, okay, I don't know. It's been almost a decade. Yeah, so I think people may have forgotten how this all start. Is let's talk about the first bathroom bills, what happened, and then how the Democrats kind of ensured that they would stay in place.

Speaker 3

Sure, so there is the big one everyone knows about is HB two because it became kind of internationally famous as the North Carolina bathroom Bill, and even I think for folks who memories may have faded, it has come up recently as kind of a benchmark, and often a misinterpreted one. Is we're about to get into for how far things have shifted, because on paper it looks like this really horribly backfired, and in some ways it did.

Speaker 4

Initially.

Speaker 3

HB two was a bill that was kind of slapped in last minute. It clearly drew from the larger anti trans far right policy circles which North Carolin Republicans are highly connected to. Those kind of Dems often kind of view themselves their own little like institution, like where the Democratic moderorate.

Speaker 4

It's like North northund Democrats have always been at their best.

Speaker 3

People of that ttuation when we talked about the Republicans here were like, Okay, we're now in power, which they were starting in twenty eleven. Let's try out this stuff from ALEC, Let's try out this stuff from some obscure right wing think tank. And that meant they were plugged in when in the wake of Obergafell, and also in North Carolina as well the year before, you'd had equal marriage for that whole swath of the South was kind of imposed by a federal court order or recognized by

federal court order. So they were like, Okay, this isn't working. There is not just more. There is more de facto on the ground popular acceptance of equal marriage. Now that's not the wedge it was previously. So what do we shift to? What we shift to? Trans people? And so North caronl legislators very eager to try out far right policies. The Caron GOP is far right even by Southern standards, which is interesting because the state's very split as far

as like votes and demographics go. So twenty sixteens rolled around four years earlier, the Dems had done the usual thing. They'd run a super conservative, super pro business, white guy Democrat. He got trounced by Pat McCrory, who was the former mayor of Charlotte, and Rain was like, oh, I'm a moderate, sensible Republican. I'm going to bounce out the legislature a

little bit. But unlike too many outside the region and the state who kind of wrote a oka in North Carolina just becoming this red state now like other Southern states have, they knew their hole was actually really precarious. Now think jerrymandered extensively, so extensively that like North Carolina the same year as HB two pass stopped being recognized

as a democracy by the the policiers the study. As a matter of fact, the district Carolina they did a whole commentary later that year that these were the most rigged districts, the most chairman districts they'd seen, not just in the US, but anywhere in the world.

Speaker 4

So that is where we live. That's where we lived for some time.

Speaker 3

But the governors like the statewide so he's in a more precarious position, and they wanted a wedge issue in their view to drive out conservative votes. They also hate trans people and want to hurt us. So this HB two said that trans people can't go into bathrooms unless they use the one matching their birth certificate in any state building in North Carolina.

Speaker 4

And this technically also.

Speaker 3

Includes like local government buildings, includes like social services, it includes like any educational setting pretty much. So this was clearly a slab dash affair. They didn't even have like an enforcement mechanism in there. But I did a few other things too, I think people forget about, which is it also stripped the ability of localities to make their own minimum wage rules. So it was also an attack on labor because those always go together and not unrelated.

Trans and queen people are only working class demographics, which I don't think get setting up, and also essentially users on reaction to Charlotte adding gender identity to its existing non discrimination ordinance. There's old was a local one, but in reality, you know, if chart had never done that, they would have done a bill like this pretty shortly. Anyway, it was kind of just the excuse. And they also struck down all non discrimination ordinances across the state, like

local non discrimination ordinances. So this is a broad attack with trans people as kind of the point of the spear, as it were, like the ones most in the front lines.

Speaker 4

It's a familiar pattern.

Speaker 3

You go after trans rights, you're also going after broad rights for any marginalized group because non discrimation stuff is being struck down left and right, and also your attacking labor yep. So you know, it really kind of set the model for things to come. HB two sparks a massive international backlash. I think the indestment was four hundred million. The state lost four hundred million, as companies pulled out,

events pulled out. There was a boycott, a fairly effective one, honestly, that was started as grassroots though gay inc Groups and even like just random nonprofits, and some Democratic Party officials later joined in on it. So the money being hemorrhage left and right, McCrory's being turned into a national laughing stock, if anything, is proving a rallying point for the other side.

Because twenty sixteen rolls around, and in a year where Trump takes North Carolina and generally the Republicans do fairly well throughout the South, even in a swing states like NC, McCrory loses. He loses to the Attorney General, Roy Cooper is a Democrat. Now, I would never say his prograins we're about again some major betrayals he did. He was more willing to say, at least perfunctory statements about trains rights than any northbound Democratic politician as a statewide level

before and honestly since, including the current governor. And yeah, he proceeded to win, so he gets in office. North Carolina gentry are historically plenty fine with big A treatment, but the Republicans had by this point broken one of their cardinal rules.

Speaker 4

Which is they fucked with the money.

Speaker 3

Yeah, because like the state was losing money, they were losing business deals, corporate headquarters and stuff. And this is a lot of what the status quo, very anti labour says. Quote that North Tide Democrats and Republicans had generally both supported in varying ways was in danger. And you know some of them person who were losing money. So they basically tell the Republicans in early twenty seventeen to knock it off, like, Okay, you've gone far enough.

Speaker 4

It didn't work, you lost the election.

Speaker 3

They still do the Jerry manner had a lot of power in the state legislature, but they didn't have the governor's office anymore, so you know, repeal this like we're getting too much BAP publicity. And what really escalated it was basketball is kind of a religion in North Carolina, especially college basketball, and the NCAA said, look, we'll pull the tournament out of HB two is still in the books. And at that point there became like these back and

forth sessions. Earlier in December, there was this compromise effort where supposedly Charlotte would strike its non discrimination stuff on its end.

Speaker 4

It was currently.

Speaker 3

Liket of legal challenge. They'd gone to court to fight to uphold it. And this should have been a warning sign the governor, Governor ELEC Cooper at that point broker kind of this deal where okay, Charlotte, you take trains people out of your non screaming short and insa of your own accord and the state will repeal HB two. Well that didn't happen. They did the first part, and then the let's sae legislators were like, okay, well that's nice,

we're not doing anything about this. That should have been a lesson about complying in the advance, but it didn't really seem to take sadly, so HB two was sow in the books by March, you know, March madness is coming up and all that. And so they finally do a repeal and this is still hailed as oh, look like back in the day, like even Republicans, some Republicans would like repeal a trans bill when it got this big backlash. Their federal funding was being threatened as well

for the state. I was not like federal education funding and all. That's not what happened though, And what happened I think is actually was a lot more ominous and a lot more revealing. What passed instead was honest a second bathroom bill called HB one four to two or HB two point zero, as a lot of activists and queer folks in the ground transfer the Ground dubbed it.

And what this bill did was it technically took out the bathroom ban, but it's put in a bunch of byzantine provisions about who could use the bathroom wins, so it would still take a court case for a trans woman to go use the women's bathroom. It kept all the anti labor stuff, and it kept all the non discrimination stuff struck down for years, like you couldn't pass

local manuscration protections for years. And at this point the pressure is mounting the Democratic Party for the first time in most of a decade, their votes in the legislature actually matter because the Republican they're split between kind of the capitalists who are hate trains that we're using this as a wedge issue and now the money's being fucked with they're ready to repeal it, and some of the others who are like, no, no, we really are dedicated to

hating trans people. Mistake can burn as long as trans people's lives are made more miserable. So they have the votes in their own caucus to pass this. So for once DEM's had a lot of power and they could have easily been like no floor or peel or nothing, and they probably would have gotten it through. They did not. They sided with the Republicans. They passed this mess that essentially kept the status quo. It was just barely enough for the NCAA, who even noted they even know their corporation.

Speaker 4

Basically they know it was.

Speaker 3

Reluctant that they were, you know, putting the tournament back in NC, but they did. The governor knew. Governor democratic governor signed it. I probably mentioned earlier. HB two passed with two Democratic votes in the first place. This is like not a new trend of this happening. Heck, anti queer stuff even well before that would often pass with Democratic support as well as Republican support, often be signed by democratic governors, so this is not an entirely new thing.

And this is also a point where you can see gay ink splitting a bit because gay ink did actually have actually condemned HB two point zero, but once it became passed, they either offered tempted statements or they backed down. And so the US and from HB two wasn't okay. Back in the day, you know, nine years ago, trans rights used to be more of a consensus, even among moderate conservatives, at least basic protections for it. And a good example was how unpopular HBT was. It was repealed

under all this backlash. It did get a backlash, yeah, but it wasn't really repealed. And as a matter of fact, what the far right learned was that when it comes down to it, the Democrats North Carolina, it turned out elsewhere will fold if trans rights has made an issue.

Speaker 2

Yeah, and you know, and you can watch everything that has happened since with trans rights has just been the Democrats folding over and over and over again and getting weaker and weaker language until we're in this place now, you know, Like and I think the thing that is a little bit different, is it Like you used to have to like claim you had done something yeah about the anti trans bill, and now you can just sign

it yeah, and it becomes law. And this is something that has does played out across the coach, Like there have been a lot of states where democratic governors have signed anti trans bills, yes.

Speaker 4

Or vita pro trans bills like in California. Yeah.

Speaker 2

And you know even in states where like Pritzker, the governor of Illinois, has been being held up as like the big pro trans people I've seen. I see like

even trans leftists doing this. And you know, like there are a lot of things in Illinois that are very good for trans people because of the weird Pritzker corruption, his sister is trans. And also the moment the government was like, oh hey, we're gonna like sort of make a big show of threatening like healthcare funding, Pritsker just folded and let all these hospitals stop providing transcrir to youth, even though it is literally a violation of Illinois like

of Illinois ANSI discrimination legislation.

Speaker 4

Yeah, they just back down and refuse to do it. Yeah.

Speaker 2

And the way that this starts is that there is a gap between the rhetoric of someone like Pritzker being like, oh, no, like we support trans rights. Trans rights are in an important civil rights issue, and then you watch them like allow a bunch of hospitals in Illinois to stop providing care to trans kids. And the place where that ends is more and more Democrats just straight up voting for this stuff.

Speaker 3

Yeah.

Speaker 2

And it's and the Democrats, you know, as you're talking about with with HB two is like, you know, there were there were Democratic votes on that one.

Speaker 3

Yeah, HB one four two especially, Yeah, the compromise, Billy, but even HB too itself. Yeah, there were there were Democrats who score that too.

Speaker 4

Yeah.

Speaker 2

And so this is this is I think the critical part of this is that, like this stuff only can happen with the support of the Democrats. And that's why it's happening. It's because yes, because like and this is this is something that's incredibly important right now. We're like all of the ship that is happening, all these Republicans are doing are hideously unpotty, like thirty percent approval ratings across the board for like all of this just hideously

hideously hated. The only way it can happen is if the Democrats go collaborationists inside with the Republicans, and that's what they're doing now.

Speaker 4

Things always need whislims.

Speaker 2

Yeah, and they're relying on the image of resistance to distract everyone from the fact that they're helping these policies go through and if you want to stop them, you have to stop them from collaborating.

Speaker 3

I think I also brings up kind of the third element in this. You've got the bar always fascist, increasingly fashist Republican Party. You've got the increasing collaborations Democratic Party, and especially on queer and trains rights. You have gay inc which, and I go into some examples in the piece.

After HB two point zero they put out some preferrenctory statements, but then they turned to gatekeeping, and the ensuing years they very consistently tried to stifle any activism that was more radical or more principled to try to get this stuff off the books, and especially if it came to

holding Democratic officials feet the fire. I literally have an example in the article that I was physically therefore and witnessed where a director of the canvass and Equality sees the mic as it was being passes in candidates to answer a stronger question and from some transactivists and change the question to something that didn't actually put any pressure on them at all, like just kind of absurd, petty

stuff like that. But the coom of effect has been that, you know, they turned to thinking about their political careers and their fundraising. And when push comes to shove again and again, they've shown they won't hold Democrats' feet to the fire. If anything, they will tell the Trains people trying to hold their feet the fire to shut up.

So if you know that the lobby, the official lobby that's supposed to, you know, ostensibly, on some level stand up for some mild version of trains and queer rights, will never give someone any shit for breaking ranks. Not even like we condemn officials so and so and their bigotry or whatever more we are sorely disappointed in or anyone of the boiler play things. They won't even go

that far. That's too far for them. So you have Democrats collaborating and a gay ink structure that has taken the energy and funding out of lave of the queer activists, but will absolutely will not fight when Democrats are involved. So if you're fascist, all you have to do is get some Democrats involved.

Speaker 4

Yeah, and that's that's how you give VICHI friends Like that's yeah.

Speaker 3

And honestly, this is it's a question I put to folks because you know, look, I'm honestly dealing with the North crownd Democrats. Is one of the things that made me an anarchist. So yeah, so it's you know, I've not had any faith in them for a very very

long time. But for folks that you know, kind of do put a little more energie into electoral processes, I just you know, a questions the piece I think are worth asking them, Like what's the point of people who are just going to support your enemies?

Speaker 4

Yeah? What's the point of.

Speaker 3

People that you elect, maybe even like get out you know and dock doors or whatever to get elected, who then don't do the one thing they're elected to do? And God asked too for some of the folks who support some of these gay ink ords, I was like, if they won't fight, now, what is the point of them? Yeah, why do they deserve any support from us as a community? Or is it far past time to look to other alternatives?

There was only lesson hbto taught as well, which is if you want even the most die hard bigot to start losing their nerve, to attack their money and their power, and then you don't stop if so, say all you have to compromise with a pragmatic solution, You ignore them, laugh in their faces, do whatever. But you keep pressting them because that was their thing. HQ too, there was a really effective campaign to boycott and it did have

a substantial effect. You know, the lovely weapon of vicious mockery really came in handy, and even the rulgas didn't like becoming a national laughing stock, so there were less about how stuff could be fought as well. And the more radical history in North Carolina. You know, there are there are quer radicals here and you know, my city was hit by a massive hurricane last year and honestly, it was a lot of US radicals getting out in

the ground that kept things from getting even worse. And you know, and just folks on the ground pitching in outside of government structures, not waiting for the official nonprofits who were either devastated or had not planned for this. So there are other alternatives, you know, and or heck that the hell.

Speaker 4

I have to remember, I could curse here.

Speaker 3

That the fact that civil rights we the low attention has gone to sitidence and there was a lot of organizing in those movements.

Speaker 4

It's a lot more Miltont than folks.

Speaker 3

Remember that also went along three decades of riots and cities throughout the state before the old order even began.

Speaker 4

To budge a little bit.

Speaker 3

And the lesson from that North caround Democrats and North Caunta status quo. And I see throughout the South and throughout the country it only budges even starts to move when the cost of continuing the way it is become far too high.

Speaker 2

Yeah, and our job is to impose that cost. Yes, because if we don't impose that cost, they're going to keep pushing and they are going to continue to write us out of existence until they have the guns to do it.

Speaker 4

Yeah.

Speaker 3

And on that is that is a mentality I think a lot more people need to need to absorb. And I think one of the lessons from you know, fighting the far right at some points for my entire like adult life basically even a little bit before then in North Carolina is that the more you fight than the weaker they are. But also, and this is this is something one of the more experience transfernds us South I know has emphasized, you won't always win, you can always

inflict a cost. And I think a little more like thinking outside of elections, a little more bloody minded determination can really come in handy of the sense of like if our enemies are like, Okay, court rules against us, We're still pressing the attack. Okay, election goes against us, We're still pressing the attack. I think we can do way meaner and way better than they than they do on that front. Something goes against us, that's nice. We're

still pressing the attack. You know, there's nothing in this healthscape of an empire we have to abuy by, especially not in the South.

Speaker 2

Yeah.

Speaker 3

Yeah, So if something doesn't go our way once, Okay, learn, regroup, redouble, make sure you inflicted some costs, go out and inflict more of them.

Speaker 4

They're not invincible, trust me.

Speaker 2

Yeah, another gender is possible.

Speaker 4

You just have to go out and fight for exactly.

Speaker 2

Yeah, so I think on that note, David, where can people find your work?

Speaker 3

You can find my stuff for trans News Network at Transnews dot Network, including this most recent piece. And you can find some of my local reporting as part of the Ashville Blade co op at Ashville Blade dot com.

Speaker 2

Awesome, and y'all at both the trans News Network and the actual Blade, I've been doing a bunch of absolutely incredible work. Thank you, and I encourage you, for one to support both because ideally the function of journalism is to be the targeting mechanism of the class and these these are two groups of working class trans journalists.

Speaker 4

To do it and both organizations are worker run. I should add yep, this.

Speaker 2

Has been a get happen here, Go fight them.

Speaker 1

It could Happen Here is a production of cool Zone Media. For more podcasts from cool Zone Media, visit our website coolzonmedia dot com, or check us out on the iHeartRadio app, Apple Podcasts, or wherever.

Speaker 4

You listen to podcasts.

Speaker 1

You can now find sources for it could Happen here, listed directly in episode descriptions. Thanks for listening.

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