Joe.My.God. LGBT News
CNN reports:
North Carolina’s lawsuit, filed by McCrory and state Department of Public Safety Secretary Frank Perry, calls the Justice Department’s position a “radical reinterpretation of Title VII of the Civil Rights Act.” Title VII, among other things, outlaws discrimination in federally assisted programs and authorizes Lynch to file lawsuits to protect constitutional rights in public facilities.
North Carolina attacks this foundation in its lawsuit, saying precedence is clear: “Transgender status is not a protected class under Title VII,” and it cites a half-dozen cases that it says back its stance. Only Congress can change this, the lawsuit says.
Even if the state felt transgender individuals were afforded federal protection, the Justice Department demands overstep because the law “allows accommodations based on special circumstances, including but not limited to transgender individuals.”
More 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.
UPDATE: From Lambda Legal and the ACLU.
“While transgender people in North Carolina remain in the perilous position of being forced to avoid public restrooms or risk violation of state law, Governor McCrory has doubled down on discrimination against them. The federal government made clear that HB 2’s mandate of discrimination against transgender people violates federal civil rights laws but McCrory and other political leaders in the state have decided to risk federal funding to maintain that discrimination. Transgender people work for the state of North Carolina, attend school in North Carolina, and are a part of every community across the state. It is unconscionable that the government is placing a target on their backs to advance this discriminatory political agenda. Lawsuits are normally filed to stop discrimination—not to continue it.”
UPDATE II: From the Human Rights Campaign.
“North Carolina’s HB2 law is blatantly unconstitutional and violates federal civil rights law,” said HRC President Chad Griffin. “The Department of Justice has already been clear that it violates the civil rights of North Carolinians. The idea Governor McCrory is going to waste even more time and millions more taxpayer dollars defending it is reckless and wrong. HB2 is a vile law attacking transgender North Carolinians and leaves many more unprotected from discrimination. Rather than defending it, Governor McCrory should be working with state lawmakers to fix the mess he’s created.”
“The lawsuit that was filed today is just another tactic to delay a decision and is a continued waste of taxpayer dollars when it is already very clear that the only option is a full repeal of HB2,” said Equality NC Executive Director Chris Sgro. “The 4th circuit court has already provided guidance on this and continued litigation by the state is simply wasteful. The state house and senate must fully repeal HB2 with Governor McCrory’s leadership.”