NORTH CAROLINA: Court Date Set For Hate Law

Via press release from Lambda Legal:

A federal court has scheduled the trial in a legal challenge to North Carolina’s sweeping anti-LGBT law, House Bill 2, to begin on Monday, November 14.

U.S. District Court Judge Thomas Schroeder is holding arguments on Monday, August 1, on a motion for a preliminary injunction that asks the court to stop the enforcement of the provisions of the law that target transgender people for discrimination in single-sex facilities.

During the full trial, the court will also consider challenges to sections of HB2 that prohibit local municipalities from extending nondiscrimination protections to LGBT people.

The American Civil Liberties Union, ACLU of North Carolina, Lambda Legal and the law firm of Jenner & Block are challenging the law in federal court on behalf of six LGBT North Carolinians and members of the ACLU of North Carolina.

  • Todd20036

    How about the fact that HB2 also sets the minimum wage state wide?

    • Skokieguy [Larry]

      Ssssh! Look at this shiny thing over here.

      • Todd20036

        Wow! You sure know how to polish your penis!

        • Skokieguy [Larry]

          I much prefer to have others help…

          • Christopher Smith

            That could be arranged, especially if it’s shiny……along with some other things…

      • Margueritesrivera3

        <<o. ★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★✫★★::::::!be392p:….,….

    • Blake Jordan

      Serious Question: What legal (constitutional) reasons could you use to challenge the minimum wage aspect?

      At the very least you have the 14th amendment to challenge the bathroom and local protections aspect…

      • Todd20036

        Now that I think about it, I cannot think of any legal reason.
        A few moral ones, but not legal ones. Still a dick move, though

      • glass

        According to dol.gov,
        “Where an employee is subject to both the state
        and federal minimum wage laws, the employee is entitled to the higher minimum
        wage rate.”

        https://www.dol.gov/whd/minwage/q-a.htm

    • Harvey888

      They are only contesting certain provisions.

    • BobSF_94117

      I would think the ACLU would want to challenge that, too. Maybe the problem is standing — someone would have to have had a local-minimum-wage job and then gotten a pay cut. Hard to find, hard to prove. (just guessing)

      • YakHerder

        Lawyer here: more likely, there’s just no way to challenge it. Just because you don’t like a law doesn’t mean that it violates the constitution. The federal constitution says basically nothing about worker’s rights (other than “no slavery”), and I can’t imagine that the North Carolina constitution is any better.

        Contrast that with the transphobic parts of HB2, which (effectively) single out a discreet class of people for shitty treatment. That’s an equal-protection problem, and I hope that the court sees it the same way!

    • Stephen Elliot Phillips

      Isnt there also a nice tidbit about N Carolinians not being able to sue for discrimination in local courts. A plaintiff now has to use the federal court system which makes it doubly hard and oh so much more expensive and time consuming

    • Bj Lincoln

      And taking away a citizens right to legally challenge being discriminated against!?

      • StraightGrandmother

        I think they just repealed that particular part of the law and only that part. If you are one of the lucky ones who North Carolina protects in law from discrimination you can now again sue in State Court. i think they just did that last week if I am not mistaken.

  • David Walker

    Michelle and Bernie yesterday…this today. OK so far.

  • Sam_Handwich

    judge is a GWB nominee…..ruled to uphold NC’s voter ID law

    • Blake Jordan

      So when he makes the wrong decision, we will have to challenge the ruling at the next level…

      Edit: Because we know that if the judge made the right ruling, NC would challenge it at the next level…
      Destined for SCOTUS, which makes a Clinton presidency imperative!!!

  • james_from_cambridge

    IMHO, McCrory’s face surpasses both Donald Trump and Martin Shkreli’s in punchability. I mean, Shkreli’s face is the prototype for swarminess and punchability so it’s not easy to do.

    http://img.huffingtonpost.com/asset/crop_0_68_3992_2533,scalefit_630_noupscale/56b389371800006f0080b4a5.jpeg?cache=1csvqnuknj

    • Blake Jordan

      You are so right, every time I seen PM’s face, I have this intense urge to punch somethings…

    • Ernest Endevor

      Julian Assange.

      • james_from_cambridge

        I don’t see punchability in Assange, just sort of a rapey, “I’m better than you” face.

      • Stephen Elliot Phillips

        oh the asshole who wants to dump nefariously acquired emails such that hillary clinton is arrested and will never be president?
        Assange’s reasoning is clinton will start more wars.
        But doing this to clinton will assure a trump presidency and donald trump is the epitome of peace, sanity, and pacifism??
        Assange must be on putins payroll too. Or taking trumps diet pills

    • Stev84

      Ted Cruz is also a contender for the top spot

  • Elliott

    Backpfeifengesicht to the max.

    • NancyP

      Translate, please…face slap, says Google translate

      • The_Wretched

        It’s a word that’s come out in reference to Ted Cruz. The usage is closer to “person whose face makes you want to slap it”.

  • Joe in PA

    I like when this shit gets in to a courtroom…ya know when people have to speak UNDER OATH!.

    • Todd20036

      And they start quoting Leviticus to justify secular law.

      • aconir .

        kinda like quoting Sharia law?

      • Stephen Elliot Phillips

        or the pro HB2 crowd has to explain to a sane judge that a person who thinks like a woman, dresses like woman, has estrogen coursing their her veins like a woman…..must be humiliated by using the male bathroom just to placate some bigot who’s afraid of diversity

  • Ninja0980

    If folks want to know why elections are important, this upcoming case will show you why.
    Given the fact the district court judge hearing this case is a right wing W appointee who just upheld North Carolina’s horrific voter id law, I’m not expecting him to do us any favors.
    Which means this will go to the 4th Circuit, which is now a moderate to slightly liberal court because Obama was able to get elected twice and remake the court with seven judges.
    A bigoted ruling that would have been easily upheld a decade ago will be struck down when it gets to the 4th because of Democratic judges.
    It’s not just SCOTUS at stake this fall, it’s the lower courts too.
    I hope we remember that when this vile legislation is thrown into the dustbin of history.

    • Sam_Handwich

      i’d like to guess that Schroeder will toss out at least some provisions of the law…..but wonder how far he will go. The rest may be up to the appeals court.

    • Clive Johnson

      The lower courts have also improved significantly under Obama, despite Republican obstruction. Another 4-8 years and a great many right-wingers will have been cleared from the court system.

      • Ninja0980

        Indeed, it took Obama a while to take the courts seriously but when he did, we got a LOT of judges on there.
        Let’s hope Clinton continues that trend.

        • fierce_urgency_of_whenever

          She will. One reason I supported her in ’08 was because of Senator Obama’s commitment to ‘working across the aisle’.

      • TampaDink

        Imagine how much greater these improvements would be if the Senate would confirm more, if not all of his appointees.

        • TrollopeReader

          Senators? Do their job?!! Silly one.

          • TampaDink

            I know. What am I thinking? (The same thing as most of politically aware Americans.)

  • Reginald Thorkinson

    HB2 was rushed through as an emergency in under a day, yet “speedy” justice for those affected will require many months. This system of “justice” is patently unfair to minorities targeted by state legislators.

    • Todd20036

      And that’s the real tragedy. Even with a law that will eventually be overturned, it still gets enforced (unless a court says otherwise) until it is repealed.

      • Reginald Thorkinson

        We need a National Legislation Accountability Act. Wherein legislators who have been found to propose or vote for acts that are in violation of the US constitution will be held personally accountable with fines and/or incarceration. There should be real penalties for violating the constitution as it is the basis of all law.

        • canoebum

          That would be good, but it’s never going to happen. We have ballot boxes instead. I’d also like to see prosecutors have to serve the time given to those they’ve been found to have willfully wrongly convicted. Ambitious prosecutors who railroad innocent people should suffer the consequences in jail.

          • Mike__in_Houston

            I agree 1000 percent. The job of prosecutors is not to try to get to the bottom of a case, it is to get a conviction. If the person convicted is not the one who is guilty, well, that just comes with the territory. The convicted party should have known better than to get in the way. If there is some accountability for prosecutors, maybe they’ll think twice before racking up these phony convictions.

          • David L. Caster

            Same thing should hold for coercive law enforcement.

  • Gigi

    If they’re for limited or no government interference in our daily lives why are these troglodytes always trying to push through laws that do the exact opposite?

    • olandp

      They don’t want government in THEIR lives. It is just fine to regulate the minutia of ours.

      • Hank

        Going back to their fight, that resulted in Lawrence v. Texas and further!!!

  • Joe in PA

    Is Roberta Kaplan involved with this? Or am I mixing these cases up. I know she was dealing with the mess in MS.

  • bkmn

    I hope the citizens of NC use HB2 to sweep that smug McCrory and his besties out the door on Nov. 8th so this can be overturned in its entirety and sanity can return to the state.

  • J S

    Lets take his deposition before trial, put him under oath, ask him all the right questions to make him sweat. Maybe we ought to take the deposition of every North Carolina legislator that voted for the bill, to learn their motives, under oath.

  • Bryan

    See you in court!

    • djcoastermark

      (next tuesday) mccrory.

  • Baby Dave

    Can we start a rumor that Pat McCrory is the Zodiac Killer or something? It was fun watching Mrs Cruz have to tell reporters she didn’t marry a serial killer. Mrs McCrory’s time for the spotlight is right about….. now.

    • TampaDink

      There must be truth to this allegation that McCrory is the Zodiac Killer since I just read it on the internet! As don the con would say, “something is going on!”

      • cheakamus

        Sad!

  • DumbHairyApe

    November? That’s too far away!

    • Get Real

      Completely appropriate date in order to get this out of the sphere of politics…

  • Theo McKinney

    Another coffin nail in what’s left of ‘Merkuh’s antigay agenda. The transcipts of the gatherings that led up to HB2 at such lightning speed, will be hideously depraved and rabidly, mortally antigay.

    And that irrationally venom-filled narrative will – by the end of next year – be entered permanently into public record. Forever.

    The debate on the need for a national ENDA instantly comes up, and will have to be addressed, especially under a Clinton WH…And so will these transcripts also be scrutinized and addressed as well, all but guaranteeing legislation providing reliable legal civil equality on all civil rights issues for LGBTQI’s from this administration forward.

    And sure, I imagine the Antigays left are going to go postal when the see what they’ve wrought.

    Which is Hillary-ous…and a little spooky since bigots can be so psycho when cornered. (wherever you find a hotbed of antigay “religious” folk, you are sure to find a “religious” terrorism training ground, here as well as abroad. Interesting how LGBTQIs are such a reliable litmus test for weeding out evil, worldwide…AND we keep getting the rainbows. Maybe these antigay Bible thumpers ought to think about that if they are serious about their digs in the Afterlife…)

  • teedofftaxpayer

    Well, lets see, it’s after the election so if Hillary wins the Judge will rule in our favor. If Herr Trump wins the Judge will rule in the Governor’s favor. Don’t be surprised.