09 May 2016

North Carolina fights back

Yahoo.com has an article by Michael Edison Hayden, Mike Levine, and Geneva Sands about the battle between the Department of Justice and the governor of North Carolina, Pat McCrory, over gender in bathrooms:
North Carolina has filed a lawsuit today against the Department of Justice (DOJ) in an effort to push back against a warning that House Bill 2, a controversial law that critics have called anti-LGBT, violates the Civil Rights Act.
On Friday, the DOJ sent a letter to the state informing the government that the state's HB2, also known as the "bathroom bill," violates the Civil Rights Act. The department gave the state until Monday to respond to the letter “by confirming that the State will not comply with or implement HB2.”
Governor Pat McCrory, along with fellow plaintiff Frank Perry, secretary of the North Carolina Department of Public Safety, accused the DOJ of a "radical reinterpretation" of Title VII of the Civil Rights Act, and wrote that the Federal government position was "a baseless and blatant overreach" in the state's declaratory judgment action filed in the District Court for the Eastern District of North Carolina.
"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," states the complaint.
McCrory and Perry also argue that transgender status is not a protected class under Title VII.
During a press briefing, McCrory said he filed the suit to gain "clarity" on Federal anti-discrimination laws. "We believe a court, rather than a Federal agency, should tell our state, our nation, and employers throughout the nation, what the law requires," he said.
He also criticized the DOJ's tight deadline. "This was a substantial request with very serious implications and the government gave us just three businesses days to respond," he said.
McCrory said that DOJ would only extend the deadline if he made a public statement agreeing with the government's interpretation with Federal law.
The complaint does not make mention of the DOJ's interpretation of Title IX. On Friday, the DOJ also sent a letter to the University of North Carolina, declaring that the school system was in violation of Title IX of the Higher Education Act.
The Fourth US Circuit Court of Appeals, which includes North Carolina, ruled in April of 2016 that a Virginia high school policy banning a transgender student from using the boys' restrooms was discriminatory.
The North Carolina law, which critics say is anti-LGBT because it discriminates against gay and transgender residents, has been the source of controversy since it was first introduced. Supporters argue the law defends religious liberty, and protects girls in public restrooms.
HB2 was signed into law by Governor McCrory in March of 2016, and directs all public schools, government agencies, and public college campuses to require that multiple-occupancy bathrooms and changing facilities, such as locker rooms, be designated for use only by people based on their "biological sex" as stated on their birth certificate. Transgender people can use the bathrooms and changing facilities that correspond to their gender identity only if they get the biological sex on their birth certificate changed.
The law also declares that state law overrides all local ordinances concerning wages, employment, and public accommodations.
Rico says this is far from over...

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