NC HB2 RECAP: Governor McCrory Sues The Feds, DOJ Sues North Carolina, and NC AG Says “Enough Is Enough!”

No Carolina

North Carolina Governor Pat McCrory and the state Department of Public Safety filed a lawsuit against the Department of Justice this morning over its demands that they repeal North Carolina’s anti-LGBT law calling the Justice Department’s position a “radical reinterpretation of Title VII of the Civil Rights Act.” saying that: “Transgender status is not a protected class under Title VII,” (Even though we all know that HB2 is about MORE than just bathrooms.)

“The Department’s position is a baseless and blatant overreach,” the lawsuit states. “This is an attempt to unilaterally rewrite long-established federal civil rights laws in a manner that is wholly inconsistent with the intent of Congress and disregards decades of statutory interpretation by the courts.”

From the New York Times

“The department contends that North Carolina’s common sense privacy policy constitutes a pattern or practice of discriminating against transgender employees in the terms and conditions of their employment because it does not give employees an unfettered right to use the bathroom or changing facility of their choice based on gender identity,” said Mr. McCrory’s lawsuit, which was filed in a Federal District Court in North Carolina. “The department’s position is a baseless and blatant overreach.” The Justice Department declined to comment on Monday.

Attorney General Loretta Lynch and the U.S. Department of Justice this afternoon also filed a lawsuit against Governor McCrory, the state’s Department of Public Safety, and the University of North Carolina and Board of Governors of the University of North Carolina. The U.S. Department of Justice also requested the judge prohibit the state from enforcing HB2 in regards to discriminating against transgender people.

Said Lynch:

“Access to sex-segregated restrooms and other workplace facilities consistent with gender identity is a term, condition or privilege of employment,” according to the May 4 letter from the Justice Department. “Denying such access to transgender individuals, whose gender identity is different from their gender assigned at birth, while affording it to similarly situated non-transgender employees, violates Title VII.”

Meanwhile North Carolina Attorney General Roy Cooper who has refused to prosecute any cases related to HB2or defend it in court had this to say:

Since Governor McCrory signed House Bill 2 into law just weeks ago, there has been a real and devastating impact on North Carolina’s economy and reputation. Already we have lost thousands of jobs and tens of millions of dollars in economic activity.

And now the governor is pouring gas on the fire that he lit and putting billions in education funding on the line. Instead of doing what’s right for our state, he’s doubling down on what he knows he did wrong. Enough is enough.

For decades, North Carolina has been a beacon in the south with great universities, technology and forward thinking leaders. But now, the governor is putting all that and more at risk with his partisan gamesmanship.

Governor, for the sake of our schools, our children, our economy, and our good name, set the politics aside and undo this discriminatory law now.

 

 

Will Kohler

Will Kohler is a noted LGBT historian, writer, blogger and owner of Back2Stonewall.com. A longtime gay activist, Will fought on the front lines of the AIDS epidemic with ACT-UP and continues fighting today for LGBT acceptance and full equality. Will’s work has been referenced in notable media venues as MSNBC and BBC News, The Washington Post, The Advocate, The Daily Beast, Hollywood Reporter, Raw Story, and The Huffington Post

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