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The Utah Legislature gave employers the discretion to adopt reasonable policies around facilities, like bathrooms, and have seen no real issues since.

The North Carolina Legislature could do away with it.

The bottom line is that North Carolina didn’t need to do this.

How do you enforce public bathroom access based on someone’s birth certificate? The law also covers public universities in North Carolina. The Title IX statute prohibits any sex discrimination by schools receiving certain federal funds, including public schools.

Unless you have a police officer standing outside every public restroom, like a bouncer, ready to examine everyone’s birth certificate, you can’t enforce this law as it is currently written. The Department of Education interprets the word “sex” to mean sexual orientation and gender identity.

This is where deference comes into play and the headwinds for North Carolina start to blow.

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