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NCAA caves: Will recognize fake repeal of North Carolina anti-LGBT law

NCAA caves: Will recognize fake repeal of North Carolina anti-LGBT law
FILE - In this March 14, 2012, file photo made with a long exposure, a player runs across the NCAA logo at midcourt during practice in Pittsburgh before an NCAA tournament college basketball game. Duke and North Carolina State were among the top 16 projected seeds the NCAA revealed Monday, Feb. 6, 2017 for the women's basketball tournament in March, making them potential hosts in a state that's lost several sports events because of a divisive law. Photo: (AP Photo/Keith Srakocic)
The NCAA announced this morning that it will allow North Carolina to resume hosting championship games after previously yanking games from the state over a law that actively discriminates against LGBT people. While most progressive and LGBT groups denounced the “compromise law” pushed by Democratic Governor Roy Cooper as a fake repeal, the NCAA has declared that it “meets the minimal NCAA requirements.”

“We are actively determining site selections, and this new law has minimally achieved a situation where we believe NCAA championships may be conducted in a nondiscriminatory environment,” the organization said in a press release issued this morning. “If we find that our expectations of a discrimination-free environment are not met, we will not hesitate to take necessary action at any time.”

Noting that the new law will prohibit local communities from enacting non-discrimination protections for LGBT people, the organization brushed aside those concerns saying it only restored the status quo. The state does not have a comprehensive non-discrimination law.

“While the new law meets the minimal NCAA requirements, the board remains concerned that some may perceive North Carolina’s moratorium against affording opportunities for communities to extend basic civil rights as a signal that discriminatory behavior is permitted and acceptable, which is inconsistent with the NCAA Bylaws,” the organization said.

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

The complete statement is on the next page.

NCAA Board of Governors’ Position on HB2 Repeal
April 4, 2017 8:52am

In August of 2016, the NCAA Board of Governors instructed the relocation of NCAA championships scheduled in North Carolina during the 2016-17 academic year because of the cumulative impact HB2 had on local communities’ ability to ensure a safe, healthy, discrimination-free atmosphere for all those watching and participating in our events.

Last week, the elected officials of North Carolina enacted compromise legislation that repealed HB2 and replaced it with a new law, HB142, that addressed a number of the concerns that led to the relocation of the NCAA championships. As with most compromises, this new law is far from perfect.

The NCAA did not lobby for any specific change in the law. The Board of Governors, however, was hopeful that the state would fully repeal HB2 in order to allow the host communities to ensure a safe, healthy, discrimination-free atmosphere for the championship sites. While the new law meets the minimal NCAA requirements, the board remains concerned that some may perceive North Carolina’s moratorium against affording opportunities for communities to extend basic civil rights as a signal that discriminatory behavior is permitted and acceptable, which is inconsistent with the NCAA Bylaws.

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

We are actively determining site selections, and this new law has minimally achieved a situation where we believe NCAA championships may be conducted in a nondiscriminatory environment. If we find that our expectations of a discrimination-free environment are not met, we will not hesitate to take necessary action at any time.

We have been assured by the state that this new law allows the NCAA to enact its inclusive policies by contract with communities, universities, arenas, hotels, and other service providers that are doing business with us, our students, other participants, and fans. Further, 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 the end, a majority on the NCAA Board of Governors reluctantly voted to allow consideration of championship bids in North Carolina by our committees that are presently meeting. The NCAA championships previously awarded to North Carolina for 2017-18 will remain in the state. The board, however, directs that any site awarded a championship event in North Carolina or elsewhere be required to submit additional documentation demonstrating how student-athletes and fans will be protected from discrimination.

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