Jason and David Benham

The rather dull and rabidly anti-LGBT Benham Brothers don’t like the fact that the ACC and NCAA have pulled marquee post-season match-ups from North Carolina due to the state’s discriminatory policies regarding LGBT citizens. That leads to this: “Benham Brothers Expose the ‘Wizard of Oz’ Behind the Curtain,” written by Jason and David Benham. At the risk of spoiling all your fun we find out many paragraphs into this diatribe that “behind the curtain” is the Human Rights Campaign.

A brief history:

  • Charlotte, the state’s largest city, passes a nondiscrimination ordinance prohibiting discrimination on the basis of sexual orientation and gender identity. At the same time the city includes transgender access — principally for the benefit of the city’s public school students.
  • At the urging of North Carolina’s Governor Pat McCrory, with some assistance from Alliance Defending Freedom I suspect, the state passes a law, House Bill 2, that nullifies all transgender accommodations and all LGBT nondiscrimination ordinances throughout the state. In other words municipal LGBT nondiscrimination ordinances are now preempted by state law.

Some selected quotes from the brothers:

We’ve gone from March Madness to moral madness as the NCAA and ACC removed all of their sex-segregated championship games because we have sex-segregated bathrooms.

It’s not about bathrooms. It is about enabling discrimination against gay and transgender citizens. It’s about basic decency and fairness.

North Carolina has hosted sports championship games for decades. Our bathrooms and locker rooms have always been sex-segregated, which is consistent with every other state in the history of our country up until recently.

Again, this is not about bathrooms. The state usurped the powers of its cities and their elected representatives to protect their citizens from discrimination.

North Carolina has not had one—not one—legal case of discrimination against transgenders using bathroom or locker-room facilities. It’s a “problem” that has never existed, and it still doesn’t exist to this day.

Did I mention that the bros are not terribly smart? A case for discrimination cannot exist unless there is a law protecting people from discrimination. Someone then has to break that law in order for there to be a legal case. North Carolina has no laws protected transgender citizens from discrimination.

And in terms of our economy, since our conservative governor took office in 2013, North Carolina has added 276,000 net new private-sector jobs …

This isn’t about the economy and many of those jobs were added because urban North Carolina exhibited a progressive social culture. That presumption is now gone.

…there are political gains to be made by the radical left. So the Charlotte City Council ignored our economic growth and created a conflict, one that never existed before, in the form of “discrimination” against transgendered people.

There is nothing “radical” about treating people in accordance with the Golden Rule. As for economic growth most of the state’s largest employers opposed HB2. Nondiscrimination creates growth. It enables businesses in the state to attract the best talent.

The Human Rights Campaign, the “Wizard of Oz” behind the curtain, came alongside our city leaders to craft an ordinance that added “gender identity” and “sexual orientation” to the cities non-discrimination policy.


Law is supposed to be based on an objective standard for people’s safety, not a subjective standard for people’s comfort.

At least they didn’t blame George Soros. Progress. As for their idea of what laws are supposed to do, that would shock the hell out of my mayor of the City of Miami Beach. For example we have noise ordinances that are subjective and for the comfort of residents and guests. To maintain the character of the Art Deco District, there is an ordinance that requires construction to be approved by an art jury. That is highly subjective. Most of our ordinances relate to the comfort of people and many of them are subjective.

Gender identity (who you go to bed as) and sexual orientation (who you go to bed with) are fluid feelings. In other words, they can change from day to day, based on how a person feels.

It is amazing that the boys selectively embrace the science of fluidity (at least the word) but nothing else scientific about human sexuality. To avoid writing a treatise sexual orientation and gender are both continua. Few people are at the extreme ends and fluidity relates to small movements by some people some of the time within the construct. I am a gay man. Sometimes I am sexually attracted to women; sometimes more than at other times. I remain a gay man in spite of fluidity. When I was a teen I was a (closeted) gay boy. I experienced no fluidity whatsoever. The notion that our sexual orientation or gender identity is subject to day-to-day change is preposterous. They suggest that someone wakes up and says to themselves “I feel like a heterosexual transgender man today.” That is their intended inference.

The Benham’s explanations are simplistic because they are simplistic. Their god created everyone either male or female and everyone is heterosexual. There is nothing new or novel about what we now call gender dysphoria. Hindu texts (Upanishads) written 500 years before Christians existed mention transgender people. With some reverence I might add.

So adding these protected “classes” to Charlotte’s non-discrimination policy subverts the purpose of the law. It flips it upside-down and makes the law a sword instead of a shield.

Rubbish. These protected classes — as much as they would like to claim otherwise — are not subjective. Moreover, their idea of what is permissible lawmaking is equally nonsensical. To put it succinctly, it is bullshit.

Regarding House Bill 2:

First, it made the law objective once again for all people’s safety. HB2 “objectified” gender. It took away the subjective argument that your gender is based on feelings and made a common-sense objective standard—your birth certificate.

Again, there is nothing subjective about gender dysphoria. Recent peer reviewed research demonstrates that trans kids are neither confused not pretending. There is nothing subjective about their gender identity.

Second, it protected the constitutional rights of all business owners not to be forced to act against their consciences. Family owned, Christian, Muslim, Hindu businesses remained free to object to messages and/or events that were against their conscience.

Whatever constitutional rights people had before Charlotte enacted their ordinance existed after it was signed into law by the mayor. No law can interfere with the constitutional rights of citizens. The brothers are manufacturing a constitutional right to discriminate. I cannot seem to find that in my copy of the Constitution.

The key to the second part here is that it’s based on a message or event—not on a person. That’s important to remember, as the narrative against HB2 is that it’s a law against LGBT people. Nothing could be further from the truth.

That only makes sense to someone with the critical thinking skills of a rhododendron. HB2 nullifies (preempts) all nondiscrimination protections based on gender identity or sexual orientation throughout the state. It has nothing to do with messages or events.

What they are positing inartfully is that refusing service to a gay couple’s wedding would not be a violation of a nondiscrimination law — if one were in effect — because it is about the event (wedding) and not the people (the gay couple). They are dead wrong. ADF has trotted out that nonsense and they have lost every case in every court where they were defending someone who was sanctioned for violating a nondiscrimination ordinance because they do not approve of same-sex marriage. It’s one more turd on the pile.

And here’s the best twist of all, one that the mainstream media have not highlighted as of yet. Our governor and the General Assembly have considered repealing HB2 if the Charlotte ordinance was eliminated—yet the liberals on the council refuse to do it.

What’s the point? Charlotte is the state’s largest city with nearly twice the population of Raleigh which is the second largest. It is home to a number of employers with 15,000 or more employees such as Bank of America, Wal-Mart and Wells Fargo. Charlotte is the hub of the state’s economy. All of the many large employers based in the city were opposed to HB2 meaning that they approved of Charlotte’s ordinance. Discrimination is bad for business. The ordinance passed 7-4.

So who is the one pushing the agenda here? Our state has made huge economic gains and was thriving prior to all this madness. It’s still thriving today, despite the hypocrisy of the NCAA and ACC championship game pullout.

They answer the idiotically framed question as to who is pushing an agenda in their next paragraph:

As our culture tailspins morally, it’s the role of the church to bring clarity to the chaos. And we do it by first bringing truth to light, as we’ve tried to do above. The darkness of lies can’t hold up to the truth of light.

It’s time Christians jump in the ring and shine the light of truth in the midst of darkness—our state and our nation desperately need it.

They equate morality with self-righteousness. What lies? That transgender people really exist contrary to their book? That sexual orientation really exists, is innate and unalterable? That people want to be treated with dignity, fairness and respect? Is that really so awful?

These intellectually vapid men promote ignorance and hate. They are a walking hate group.

By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.