Equality NC
2010 Legislative Candidate Questionnaire

[omitted biographical information]

ITEM 1: Non-Discrimination…

A. Public Employment: In North Carolina, it is legal to fire or refuse to hire someone just because they are lesbian, gay, bisexual, heterosexual, or transgender. 74% of North Carolinians support legislation that would ban employment discrimination based on sexual orientation and gender identity by state and local governments. Would you vote for such a bill? (Reference: 2009 S.B. 843/H.B. 1049)

YES.

B. Private Employment: More than 430 of the Fortune 500 companies have already adopted inclusive anti-discrimination policies, as have many smaller employers in North Carolina. Would you vote for legislation to prohibit discrimination on the basis of sexual orientation and gender by private employers?

NO. Employment itself is not a right or an entitlement, though we do have a right to seek and hold employment if we can. Owning and using property as we want is also is a right protected by our Constitution provided that use it isn’t interfering with another individual’s rights. So, as a legislator, I must defend the right of the private business owner to hire and terminate at her own discretion without interference from the government. This said, I hope that boycotts and other grassroots activism will continue to reduce patronage to businesses who insist on discriminating based on sexual orientation and gender identity.

C. Housing: North Carolina’s fair housing laws fail to protect renters from discrimination on the basis of their sexual orientation or gender identity. Lesbian, gay, bisexual, and transgender people have been literally turned out of their homes simply because of who they are. Would you vote for legislation adding sexual orientation and gender identity to our state’s fair housing laws?

NO. Such legislation could be easily abused in our court system at the expense of private property owners. The property owner should have the right to refuse rental service to anyone he chooses, provided he keeps his contractual obligations under an existing lease agreement.

D. Public Accommodations: North Carolina law does not currently prohibit public accommodations, such as restaurants and hotels, from denying service to customers on the basis of sexual orientation or gender identity. Would you vote for legislation prohibiting this type of discrimination?

NO. Restaurants and hotels are private businesses and should have full discretion over who they will and will not serve.

ITEM 2: Safe Schools: Studies show that lesbian, gay, bisexual, and transgender students face disproportionate levels of violence, harassment, and discrimination in public schools. In 2009, the legislature passed S.B. 526, the School Violence Prevention Act. This law requires schools to adopt strong policies against bullying, including acts motivated by the victim’s actual or perceived race, religion, sexual orientation, gender identity and other categories. Would you support the continued implementation of this law and oppose attempts to weaken this law by removing protected categories?

YES. As long as there is compulsory education, these policies should remain in place and enforced.

ITEM 3: Privacy Rights: In June 2003, the US Supreme Court decision in Lawrence v. Texas declared unconstitutional all remaining sodomy laws, including North Carolina’s Crime Against Nature law, which prohibited certain sex acts for consenting same- and opposite-sex couples. However, this law remains on the books and police in some jurisdictions continue to enforce it. Would you vote for legislation that would conform North Carolina law to the Supreme Court decision by clarifying that the Crime Against Nature law does not apply to private, non-commercial acts between consenting adults? (Reference: 2009 H.B. 100)

YES. I’d go farther than that and say let’s repeal the original archaic laws, not just patch it with something new.

ITEM 4: Safer Communities: In 2009, Congress voted to expand the federal hate crime law to include sexual orientation and gender identity among the protected classes. North Carolina also has a law to address crimes motivated by bias against a certain group, but it only protects against bias crimes committed on the basis of race, color, religion, nationality, or country of origin. Providing penalty enhancement for these state-level crimes recognizes that bias crimes terrorize an entire community, not just the individual victim. Would you vote for legislation that would add gender, gender expression, age, sexual orientation, and disability to the list of protected classes? (Reference: 2009 H.B. 207)

NO. Though I support the intent to protect the LGBT community from hate crimes, I oppose the intent of the original law which is to mandate unequal punishment for an equal crime simply based on the motivation. Law enforcement is in the realm of the courts, and that’s where the degree of punishment for a crime should be determined.

ITEM 5: Sex Education: In 2009, the legislature passed H.B. 88, the Healthy Youth Act. This law replaces failed “abstinence only” sex education programs with comprehensive programs that emphasize abstinence while providing students with accurate information about contraception and disease prevention. Would you support the continued implementation of the Healthy Youth Act and oppose attempts to weaken the sexual health education curriculum?

YES. [No comment provided when I submitted the questionnaire, but I'll note for the site that I favor privatizing all sexuality education and ensuring sexual biology is not compromised in its accuracy and completeness. If  the public schools continue to offer sexuality education, though, I would vote against any mandate for an abstinence-only or abstinence-centric curriculum.]

ITEM 6: Anti-LGBT Constitutional Amendments…

A. State Marriage Discrimination Amendment: Some legislators have proposed amending the North Carolina Constitution to limit marriage to one man and one woman and deny same-sex couples any form of relationship recognition, such as domestic partnership. North Carolina law already denies marriage rights to same-sex couples. This amendment serves only to legitimize discrimination against lesbian, gay, bisexual and transgender citizens and make them second-class citizens under our state’s founding document. If elected, would you vote against such an amendment? (Reference 2009 S.B. 272/H.B. 361)

YES.

B. Federal Discrimination Amendment: Members of Congress have proposed a similar amendment to the US Constitution. If passed by Congress, it would require ratification by state legislatures. The constitution has only been amended 17 times since the Bill of Rights, and has never been amended to deny rights to a specific group of people. Using our founding document to address current social issues is playing politics with our very foundation. If elected, would you vote against ratification of such an amendment?

YES. Marriage should not be defined by a government entity and, thus, subject to the whims of whoever is in power. Furthermore, affixing an item to our state or national constitution to transcend that is a blatant affront to our natural rights and individual liberty.

ITEM 7: Anti-LGBT Parenting Legislation: Currently, North Carolina’s adoption and custody laws rightly focus on protecting the best interests of the child. However, some legislators have indicated that they wish to prevent LGBT people or same-sex couples from adopting, regardless of the child’s interests in a specific case. Would you support keeping the current standard in place and oppose additional restrictions on adoption for LGBT people or couples?

YES.

ITEM 8: Sponsorship of Legislation: Would you be willing to Sponsor or Co-Sponsor legislation addressing any of the issues in Questions 1-4 above?

Yes, I would be happy to co-sponsor legislation to address privacy rights in North Carolina.