(The Center Square) – Rules for medical professionals related to performing gender transition surgeries or prescribing puberty blockers or cross-sex hormones to minors has become law in North Carolina.
The Senate on Wednesday evening voted 27-18 to override a gubernatorial veto on the controversial topics. Earlier, the House of Representatives voted 73-46 to override Democratic Gov. Roy Cooper.
Lawmakers were 6-for-6 on the evening rejecting Cooper’s stamp. Also overturned were measures that will now establish a parents’ bill of rights; protect women’s sports from boys and men participating with them in competition; creation of a charter school review board; an omnibus charter school package; and reorganization of the building code council and some provisions within the statute.
Both chambers must agree by three-fifths majorities to overturn a governor’s veto. The Senate needs 30 when all are present and 27 when there are 45, as was the case Wednesday; the House is 72, and 119 of the 120 were the maximum voting on this night.
Each House override had more than 72 votes.
House Bill 808, as it is technically known, was promoted as a way to protect minors from permanent life-altering gender transitions. Medical professionals are prohibited from performing gender transition surgeries or prescribing puberty blockers or cross-sex hormones to minors, mirroring legislation adopted in 20 other states.
Lawsuits have followed in some states where similar measures have been enacted. Litigation is expected for North Carolina, too.
Supporters of the law point to studies saying gender dysphoria can be a temporary condition. In litigation thus far, arguments from families of transgender youth say the treatments are medically necessary. Their lawyers say the law violates the U.S. Constitution’s right to equal protection by outlawing medical treatments on the basis of sex, prohibiting parents to make medical decisions for their children.
The North Carolina law includes exceptions for medical conditions unrelated to gender transitions and certain gender transitions for minors initiated before Aug. 1.
“A violation of any of the provisions of this Article by a medical professional shall be considered unprofessional conduct and shall result in the revocation of the medical professional’s license to practice,” the law reads.
The bill reached the governor’s desk after initial passage of 29-16 in the Senate and 67-46 in the House.
In the other veto overrides:
• Senate Bill 49, regarding a parents’ bill of rights: House, 66-47 passage, 72-47 override; Senate, 26-13 passage, 27-18 override.
• House Bill 574, regarding protection of women’s sports: House, 62-43 passage, 74-45 override; Senate, 31-17 passage, 27-18 override.
• House Bill 618, regarding a charter school review board: House, 77-42 passage, 74-45 override; Senate, 30-18 passage, 27-18 override.
• House Bill 219, regarding an omnibus charter school legislation package: House, 61-41 passage, 74-45 override; Senate, 27-12 passage, 27-18 override.
• House Bill 488, regarding the building code council and provisions: House, 93-26 passage, 78-40 override; Senate, 33-12 passage, 27-17 override.
In a statement, House Democratic Leader Robert Reives said, “Instead of coming back to Raleigh to fund our schools, support our law enforcement or provide health care to our neighbors, the Republican supermajority used their power to exploit vulnerable children, make it harder to vote, hamper educators and otherwise stoke culture wars. There has never been a clearer demonstration of what their priorities really are.”
On social media, the state Republican Party wrote the overrides were “a win for parents, student-athletes, families, and businesses.” It continued, “The overrides reinvigorate legislation to expand charter schools, prohibit biological men from competing in women’s sports, ban gender transition surgeries for minors, block costly new home building energy mandates and affirm parental rights over their child’s education.”
Anderson Clayton, chairwoman of the state Democratic Party, issued a statement that said, “After weeks out of the office, General Assembly Republicans are coming back from their vacations, not to pass a budget, but to prioritize going after trans kids with their extreme agenda. Republicans would rather go after vulnerable communities instead of expanding Medicaid and giving our public school educators the raises they deserve. North Carolinians deserve leaders who protect our people, not target them.”
Passage of a ballot referendum in 1995 enabled the governor to have veto power, the last of all states to establish it. There were only 16 successful veto overrides before Cooper took office, and five of those by the same party as the governor with supermajorities in each chamber. Each veto override of Cooper has come against supermajorities held by the opposing party, same as the 11 of former Democratic Gov. Bev Perdue in the 2011-12 session.
Cooper, term-limited and headed to a December 2024 exit from office, has had all 14 of his vetoes this session overturned into law. It’s a 37-for-37 scorecard against Cooper when the Republicans have three-fifths majorities or better in each chamber during his tenure, one that includes 89 vetoes.
Lawmakers had been unsuccessful in overturning 13 of his vetoes without full supermajorities in each chamber, a time period that ran from the midterms of 2018 until April when Rep. Tricia Cotham, formerly a Democrat, switched parties.
