North Carolina Bishop Distances Himself from HB2 Support

A North Carolina bishop has distanced himself from initial support offered by the state’s Catholic conference for an anti-LGBT law the legislature is considering. The bishop is now saying the law, which criminalizes public restroom use according to one’s gender identity rather than assigned sex at birth and bans local LGBT non-discrimination protections, raises concerns that should be remedied.

Bishop Michael Burbidge of Raleigh said legislators should rework problematic parts of the law, known as HB2, and he called for mutual respect and dialogue between opposing sides. Burbidge said “another remedy to the unfortunate situation created by the Charlotte Ordinance and HB2 should be considered.” The Charlotte Ordinance is an LGBT non-discrimination law passed in the state’s largest city.

The bishop suggested that a remedy should be guided by a respect for human dignity, the avoidance of bigotry, and a pursuit of the common good, among other factors. He told WRAL 5 that legislators could “come up with something better” that is not understood to be bigoted or misconstrued. His statement at a media luncheon continued:

“No person should feel as though they are unwelcome in our communities of faith. The priests of this Diocese, myself included, remain committed to speaking with anyone who has concerns about how we operate or what we believe. This applies regardless of one’s gender or gender identity. Building strong relationships is fundamental to healthy faith communities. All people are made in the image and likeness of God as man and woman, and we stand ready to continue accompanying all people in their faith walk.”

Burbidge, however, defended the diocese’s policies for “gender specific multi-stall bathrooms and said organizations’ decisions about their own operations “should be respected.” He closed with an appeal for civility in what has become a most contentious debate:

“My hope and call, is that before this issue takes another step in either direction, both sides will treat one another with decency, love, and mutual respect.”

These are Burbidge’s first public comments on HB2 since it was passed in April, although it should not be considered his first time weighing in on the matter. Catholic Voice North Carolina, the bishops’ public policy arm, asked Catholics to oppose the Charlotte LGBT protections ordinance to which HB2 was responding, and said the state law had “yielded a favorable outcome for religious liberty.” Later, a spokesperson for the Raleigh diocese then said that “the Diocese does not have a position on HB2.”

Attacks continue against HB2. The U.S. Department of Justice notified Governor Pat McCrory that this law violates federal civil rights laws, specifically the rights of state workers and students who should be able to access public restrooms. The federal Departments of Transportation, and Housing and Urban Development are inquiring as to whether their civil rights policies are being violated too. Whether Bishop Burbidge’s distancing is tied to the shifting realities in law and in public opinion, or whether he is waking up the fact this law is unjust discrimination is not clear.

Thankfully, as with marriage equality, U.S. Catholics are among the most supportive religious adherents for non-discrimination of LGBT people. New polling from Reuters/Ipsos showed U.S. Catholics evenly split on the question of whether restroom use should be according to one’s gender identity or assigned sex at birth. While more education is needed to improve these numbers, Catholics are more supportive of transgender protections than religious people overall and mirror trends which find people in the U.S. overall split on the issue.

One high-profile Catholic from the Carolinas is speaking out for LGBT equality. Stephen Colbert who hosts CBS’ The Late Show shared his thoughts about the restroom controversies, saying, “And to all those lawmakers out there who are so obsessed with whose using what bathroom and what plumbing they’ve got downtown, newsflash, you’re the weirdos.” You can watch Colbert’s thoughts below or by clicking here.

Ellen K. Boegel, a legal scholar at St. John’s University, wrote in America that these anti-LGBT laws really reflect “a deeper societal divide and [illustrate] the need for reasoned use of political power.” She continued:

“Regardless, politicians and advocacy groups serve their constituents best by avoiding unnecessary controversy and looking instead for mutually beneficial solutions. . .Focusing on outcomes that are universally beneficial will not end all disputes regarding the appropriate balance between civil rights and religious rights, but it would be better government.”

Passing laws which are blatantly unconstitutional undermines government credibility and faith in the democratic process, Boegel wrote, especially when religious liberty is already well-protected. She pointed out, too, that non-gender-specific facilities benefit women, families, and persons with disabilities, in addition to trans* people.

Most bishops, led by the USCCB’s partisan fight over religious liberty, have thus far refused to admit the harm that anti-LGBT state laws can cause.  They do not see that these laws as violating the common good. Protecting LGBT people from very real and harmful discrimination is not on the bishops’ agenda. They seem to forget the many times in the 1970s and 1980s when their episcopal predecessors supported ordinances and laws aimed at curtailing discrimination against people based on their sexual orientation.

But this admission from Bishop Burbidge that HB2 is questionable and may indeed advance discrimination could be the first sign of a shift. His outreach to dialogue with people of all gender identities may open the door for further progress. Let us hope so.  In the meantime, lets keep focused on what we as Catholics can do to ensure every person is protected under the law and respected as a child of God.

–Bob Shine, New Ways Ministry

Related article:

National Catholic Reporter: “North Carolina bishop calls for bathroom bill alternative”