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5 <br /> RESOLUTION CALLING FOR THE REPEAL OF <br /> SESSION LAW 2016-3/HOUSE BILL 2 <br /> WHEREAS, on February 22, 2016, the Charlotte City Council approved a local ordinance that <br /> adds marital status, familial status, sexual orientation, gender identity, and gender expression <br /> to its list of categories protected from discrimination in city contracting and public <br /> accommodations; and <br /> WHEREAS, on March 22, 2016, the Orange County Board of Commissioners adopted a <br /> resolution supporting Charlotte's nondiscrimination policy; and <br /> WHEREAS, on March 23, 2016, the North Carolina General Assembly in special session <br /> ratified and Governor Pat McCrory signed House Bill 2 (Session Law 2016-3), the Public <br /> Facilities Privacy & Security Act which further limits the ability of local governments to address <br /> issues on a local basis; and <br /> WHEREAS, House Bill 2 [HB2] appears to repeal the Charlotte ordinance by establishing new <br /> statewide standards for what constitutes discriminatory practice in employment and public <br /> accommodations; and <br /> WHEREAS, the omission of sexual orientation, gender identity, gender expression, and other <br /> categories from the statewide list of categories protected from discrimination means that <br /> protections on these bases appear to be unavailable through state law, and that local <br /> governments appear to be preempted from offering these protections to their residents; and <br /> WHEREAS, HB2 appears to eliminate the right of any person to bring a civil action in a North <br /> Carolina court for a claim of discrimination in employment or public accommodations on <br /> account of race, religion, color, national origin, age and biological sex, as well as handicap for <br /> employment only; and <br /> WHEREAS, HB2 is inconsistent with the Equal Protection Clause of the United States <br /> Constitution; and <br /> WHEREAS, Orange County is dedicated to assuring that the principles of equality, <br /> nondiscrimination and full inclusion and engagement extend to all residents, and that no <br /> persons are denied their civil or human rights; <br /> NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners <br /> urges the North Carolina General Assembly to repeal House Bill 2 [HB2] in its entirety at the <br /> earliest opportunity; and <br /> BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners reaffirms its <br /> duty to protect and advance the constitutional rights and equitable treatment of all residents of <br /> Orange County as well as its primacy in understanding and best reflecting the values of <br /> our constituents; <br /> BE IT MOREOVER RESOLVED, that the Orange County Board of Commissioners asks the <br /> Orange County Clerk to send copies of this resolution to the members of the Orange County <br /> 5 <br />