North Carolina’s HB 805 Becomes Law Over Veto: Supporters Cite Protections, Critics Warn of Harm
Among other restrictions, measure officially recognizes two sexes in state law, restricts funding for gender transition procedures, and mandates verification measures for online pornography platforms
Holly Springs, NC, Aug. 10, 2025 — In a high-profile legislative move, North Carolina’s General Assembly overrode a veto from Governor Josh Stein late last month, enacting House Bill 805 (link) into law. The sweeping and controversial measure officially recognizes two sexes in state law, restricts state funding for gender transition procedures, mandates verification measures for online pornography platforms, and imposes several new education-related requirements, ranging from parental access to library materials to rules on overnight student accommodations.
A Legislative Journey: From Online Safety to Culture Clash
Initially introduced in early 2025 as a narrowly focused bill to prevent the non-consensual publication of explicit images online, HB 805 expanded significantly as it progressed through the General Assembly.
The bill passed both chambers before being vetoed by Governor Stein on July 3 (link). In his veto message, Stein sharply criticized lawmakers for expanding the scope of the bill beyond its original intent:
“My faith teaches me that we are all children of God no matter our differences and that it is wrong to target vulnerable people, as this legislation does.”
Despite the veto, the legislature reconvened and overrode it on July 29, making the bill law.
Local Representation: How Lawmakers Voted
Here’s how state lawmakers representing all or parts of Holly Springs, Apex, and Fuquay-Varina, and nearby areas with overlapping regional influence, voted on the override:
Rep. Erin Paré (R, District 37 – Holly Springs): ✅ Voted in favor
Rep. Maria Cervania (D, District 41 – Apex): ❌ Voted against
Rep. Julie von Haefen (D, District 36 – Fuquay-Varina): ❌ Voted against
Sen. Gale Adcock (D, District 16): ❌ Voted against
Sen. Sydney Batch (D, District 17): ❌ Voted against
Sen. Lisa Grafstein (D, District 13): ❌ Voted against
What the Law Does
HB 805 touches multiple areas of North Carolina law. Among the most significant provisions:
Official Recognition of Biological Sex: Effective January 1, 2026, all North Carolina policies and laws will define sex based on biological characteristics assigned at birth, not gender identity.
Age Verification for Online Content: Starting December 1, 2025, platforms publishing pornographic material must verify that all individuals shown are over 18 and have explicitly consented to both the acts and the distribution.
Limits on State Funding: Beginning July 1, 2025, state funds may not be used for gender transition procedures, puberty blockers, or cross-sex hormones for minors or incarcerated individuals, with an exception only for the State Health Plan (temporarily, pending federal court decisions).
Education Policy Changes
Effective immediately:
Students may opt out of content they or their families say violates their religious beliefs.
Parents can block their children from accessing specific library materials.
School trips and events must assign sleeping quarters based on biological sex, unless written parental consent is given.
Amendments to Birth Certificate Law
Starting December 1, 2025, amended birth certificates reflecting a change in sex must be attached to the original, and both records must be retained as a multi-page document.
Supporters and Critics: What’s at Stake
Supporters say the law:
Reaffirms biologically grounded legal standards
Protects minors and women from online exploitation
Restores parental control in education
Aligns state law with Executive Order 14168, signed by President Donald Trump in January 2025, which mandates that federal agencies recognize only two sexes
Critics argue it:
Marginalizes transgender and non-binary individuals
Restricts access to medically recognized gender-affirming care
Opens the door to lawsuits and constitutional challenges
Uses the original anti-exploitation bill as political cover for broader ideological goals
Governor Stein characterized the bill as a “mean-spirited attempt” that distracts from serious efforts to protect people from harm.
What It Means for North Carolinians
For residents across the state, the new law could bring noticeable changes:
Transgender residents may encounter more hurdles when updating legal documents
Parents will have more access and control over classroom and library materials
School districts will need to implement new policies for student housing and curriculum accommodations
Online platforms could face significant new compliance and liability burdens
Health care providers may see an uptick in litigation tied to gender transition procedures on adults
A National Trend
North Carolina joins several Republican-led states passing laws that redefine sex, restrict gender-affirming care, or tighten regulation of online content:
Tennessee and Texas have enacted similar content verification rules for adult websites
Florida and Arkansas passed laws restricting or banning gender-affirming care for minors
Oklahoma adopted legislation in 2023 that also defines sex biologically for legal purposes
Legal outcomes have varied: while some laws are in effect, others, such as Arkansas's ban on gender-affirming care, have been blocked or overturned in federal courts. North Carolina’s HB 805 may be subject to similar legal scrutiny in the coming months.
Recap
HB 805 is now law, setting into motion a wave of policy shifts across North Carolina that touch identity, education, public health, and online content. Supporters hail it as a return to “biological truth,” while opponents condemn it as a harmful and divisive intrusion into personal freedom.