NCAA caves, rewards North Carolina for stigmatizing transgender people

The NCAA thinks North Carolina is just fine now — “outside of bathroom facilities,” of course.

CREDIT: AP Photo/Morry Gash
CREDIT: AP Photo/Morry Gash

Discrimination won the championship this year.

The NCAA announced Tuesday morning that it completely fell for the bait-and-switch concocted by Republican leadership in North Carolina’s legislature and Gov. Roy Cooper (D). Last week, they passed a compromise bill that repealed HB2, the state’s infamous anti-LGBT law, and replaced it with HB142, which consists of most of the same provisions that HB2 had.

In its statement, the NCAA acknowledged that “this new law is far from perfect” — but apparently, the organization’s standard is so low for standing by its LGBT students, staff, and fans that it’s still rewarding North Carolina by reopening the state for consideration in hosting championship events.

“We recognize the quality championships hosted by the people of North Carolina in years before HB2,” the NCAA wrote. “And this new law restores the state to that legal landscape: a landscape similar to other jurisdictions presently hosting NCAA championships.”

This is blatantly untrue. Only two other states, Arkansas and Tennessee, ban municipalities from passing LGBT nondiscrimination protections. No other state has North Carolina’s new prohibition on any subdivision of government creating policies assuring transgender people have access to restrooms.

“This new law has minimally achieved a situation where we believe NCAA championships may be conducted in a nondiscriminatory environment,” the organization wrote. “Outside of bathroom facilities, the new law allows our campuses to maintain their own policies against discrimination, including protecting LGBTQ rights, and allows cities’ existing nondiscrimination ordinances, including LBGTQ protections, to remain effective.”

In other words, it doesn’t matter if trans people can’t be guaranteed access to bathrooms — or that the state law imposing that burden continues to unfairly stigmatize transgender people as some kind of threat to safety — because everything else is apparently good enough for the NCAA to return.

Unlike the NCAA, many of the cities that punished North Carolina for its discriminatory legislation do not see the new law as a viable solution. The mayors and city councils of Los Angeles, Santa Fe, Cincinnati, and Salt Lake City have all reiterated that they still ban publicly-funded travel to the state.

Chase Strangio, an ACLU attorney who’s been fighting HB2, called out the NCAA for selling out the LGBT community:

The decision to reward North Carolina for maintaining discrimination came after a “reluctant” vote of the NCAA board. Previously awarded championships for 2017–18 will remain in North Carolina, and all future championship hosts will be “be required to submit additional documentation demonstrating how student-athletes and fans will be protected from discrimination.”

How North Carolina universities — still prohibited by state law from protecting transgender people from discrimination — will provide that documentation remains to be seen.