RALEIGH — A bill hoping to prevent online sexual exploitation of women and minors as well as several other provisions related to biological sex and gender identity was vetoed by Gov. Josh Stein on Thursday.
Stein also vetoed three other bills dealing with “diversity, equity, and inclusion,” or DEI, in state government, as well as K-12 public and higher education.
House Bill 805 sets guidelines and standards requiring online platforms and websites to verify consent and age for any person depicted in pornographic content.
A key provision in the bill extends the statute of limitations to 10 years for suing a doctor over gender transition procedures and surgeries. That provision is the same as the intent of House Bill 606, which currently sits in the Senate Rules and Operations Committee.
The Senate added additional provisions to the bill that legally define biological sex for males and females based on biology and not gender identity. Additionally, the Senate added a ban on state funds for surgical gender transition procedures, puberty blocking drugs and cross-sex hormones to prisoners in the state prison system.
The bill also has provisions to ban K-12 males and females from sharing sleeping spaces and requires that amended birth certificates involving a sex change must include the original birth certificate and the person’s original biological sex.
Another provision lets parents opt their children out of instructional materials for religious belief concerns, requires all school library catalogs to be made public online and grants parents the ability to tell schools which books they don’t wish their child to borrow from school libraries.
Stein issued veto message addressed the four bills he vetoed on July 2. His message accused the bills of being a culture wars distraction and calling them “mean-spirited.”
“At a time when teachers, law enforcement, and state employees need pay raises and people need shorter lines at the DMV, the legislature failed to pass a budget and, instead, wants to distract us by stoking culture wars that further divide us,” Stein wrote. “These mean-spirited bills would marginalize vulnerable people and also undermine the quality of public services and public education.”
Stein also wrote, “I stand ready to work with the legislature when it gets serious about protecting people and addressing North Carolinians’ pressing concerns.”
In a statement on X, Berger criticized Stein for choosing to “bow down to a radical ideology.”
“Gov. Josh Stein had the opportunity to support women and girls across North Carolina today, yet he chose to bow down to a radical ideology that harms women,” wrote Berger. “In House Bill 805, we took bold action to define two sexes in state law, just like President Trump did in his groundbreaking executive order.”
“Gov. Stein also had the chance to rid our public schools, colleges and universities, and state agencies of divisive ‘DEI’ programs but refused to do so,” Berger wrote, addressing three other vetoes issued by Stein on July 3. “He’s choosing to ignore the clear will of the people who are tired of politically correct nonsense.”
Berger added, “I’m prepared to lead the Senate in overriding Gov. Stein’s vetoes and stand up for the North Carolinians he claims to represent.”
The bill passed the Senate by a vote of 27-4 on June 24 following a flurry of amendments, most of which clarified language changes. It passed the House the next day 65-43, with Democrat Dante Pittman (Wilson) joining Republicans to pass the bill. Pittman would be the one vote necessary for a successful override in that chamber.
“Democrats in the North Carolina Senate would rather pay a fine than vote on a bill to define what a woman is,” wrote Berger on X. “That tells you all you need to know about the modern Democratic Party.”
During Senate floor action on June 24, Minority Leader Sydney Batch objected to the bill’s additions.
“When my Republican colleagues loaded this bill with culture war amendments, they didn’t just distract from the problem,” said Batch. “They made it impossible to solve.”
Batch and her Democrat colleagues delayed chamber proceedings by refusing to vote yes or no on the bill and instead voting “present.” Sen. Ralph Hise (R-Mitchell) intervened, saying that was not an option under Senate rules.
Batch said she could find no applicable rule and cited a law from the 1700s about a $10 fine for failing to discharge one’s duties as a senator.
Batch appeared to have prepared for the “present” vote attempt by holding up a pile of $10 bills, stating, “I have $10 for every single one of the members in my caucus who voted present.”
Ultimately, the Senate counted the “present” votes by Democrats as excused absences.
A day later, on June 25, the House concurred with the Senate’s version and passed the measure by a vote of 65-43. Only one Democrat, Rep. Dante Pittman (Wilson), voted in favor.
During floor discussion, Rep. Deb Butler (D-New Hanover) objected to a section of the bill about “transgender care” that she said was “added at the 11th hour.”
“I was looking forward to voting for this bill,” Butler said. “Quite frankly, one of my colleagues worked long and hard on it. And then, as we are wont to do lately, we add some stuff at the end.
“So, this section of the bill, the part that talks about transgender care, is not just bad policy. It’s unconstitutional, it’s unkind, it is governmental overreach of the worst kind.”
