Index
North Carolina Restroom Law (HB2/HB142)
Summary
North Carolina gained national attention for HB2 (the 'Bathroom Bill'), which required people to use public bathrooms corresponding to the sex on their birth certificate. While HB2 was repealed, its replacement (HB142) left restroom regulation solely to the state legislature.
Rights & Rules
- 01.The original law (HB2) made it illegal for transgender individuals to use public, multi-stall restrooms that matched their gender identity if it differed from their birth certificate.
- 02.Following massive economic boycotts, the state repealed HB2 and passed HB142 in 2017.
- 03.HB142 states that ONLY the state legislature has the power to regulate multi-occupancy restrooms, showers, and changing facilities.
- 04.Because the state legislature has not passed any new rules regarding restrooms since 2017, there is currently no state law explicitly dictating which bathroom a transgender person must use, leaving the issue legally ambiguous.
Penalties
- 01.Under the current legal framework (HB142), there are no specific state-level criminal penalties outlined for using a restroom that does not match a birth certificate, as the original penalizing language of HB2 was repealed.
Verified Citations
North Carolina House Bill 142 (2017)
Source"State agencies, boards, offices, departments, institutions, branches of government, including The University of North Carolina and the North Carolina Community College System, and political subdivisions of the State, including local boards of education, are preempted from regulation of access to multiple occupancy restrooms, showers, or changing facilities..."