Protect Fayetteville, F/k/a Repeal 119; Paul Sagan; Peter Tonnesson; and Paul Phaneuf, Appellants and the State Of…

Summary

The court held that Fayetteville Ordinance 5781 violated the Intrastate Commerce Improvement Act because it expanded municipal nondiscrimination protections to include sexual orientation and gender identity, classifications not previously included in state nondiscrimination law. Applying the Act's plain language and stated goal of uniformity, the court concluded that statutes addressing bullying, domestic-abuse shelters, and birth-certificate amendments did not establish applicable statewide nondiscrimination protections. The court reversed and remanded.