Feds ask NC courts to halt HB 2 until case is heard
The Department of Justice has been involved in a law suit with the state of North Carolina since the passage of the now infamous HB2. The law, which limits NC cities’ abilities to protect LGBTQ employees and forces transgender people into the wrong bathroom, is the subject of multiple lawsuits from the DOJ, Equality North Carolina and the NC ACLU.
In a motion today, which names NC Governor Pat McCroy among the plaintiffs, the DOJ has asked the Middle District of North Carolina Court to grant a preliminary injunction on the law which went into effect earlier this year.
Meanwhile Gov. McCrory has stuck to his guns on the bill, suing the Fed for clarity on the bill while
“The Defendants are engaged in a pattern or practice of violating Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, and the Violence Against Women Reauthorization Act of 2013,” reads the five page motion. The DOJ has argued HB 2 violates the laws listed because it discriminates against a transgender person’s sex, as well as a LGB’s person’s sex because of the sex of the person they love.
“Excluding transgender men and women from bathroom and changing facilities consistent with their gender identity causes significant and irreparable physical, psychological, economic, social, and stigmatic harm to transgender people,” Justice Department lawyers wrote in the motion.
The stay request is interesting because the Virginia case of Gavin Grimm, the teenage trans-man who is suing the Gloucester County School board over a similar policy which forces him into the women’s restroom, was granted an injunction by the Fourth Circuit Court of Appeals late last month.
North Carolina’s courts all reside under the Fourth District, so you could connect the two and figure the District Court should follow the higher court’s ruling.
“The Obama administration is bypassing Congress by attempting to rewrite the law and set restroom policies for public and private employers across the country, not just North Carolina. This is now a national issue that applies to every state and it needs to be resolved at the federal level,” said Governor McCrory in a statement on his website following the suit. “They are now telling every government agency and every company that employs more than 15 people that men should be allowed to use a women’s locker room, restroom or shower facility.”
According to Buzzfeed, both Hilary Clinton and Donald Trump are campaigning in NC today. Clinton has yet to address the issue on this trip, but Trump told supporters on stage that he would be “better for the gay community” than Clinton,” but then went back stage and told reporters “I’m going with the state” on HB 2.
Trump has supported these bathroom laws in the past telling Fox News “local communities and states should make the decision… And I feel very strongly about that. The federal government should not be involved.”
Doctor’s have expressed their support for the transgender community, calling denying proper bathroom a use public health issue. Check out more details on why transpeople should be allowed to use the restroom aligned with their gender identity below:
The North Carolina governor cited costs of litigation, noting that his state is also the defendant in a lawsuit filed against him by the Dept. of Justice on similar grounds.September 19, 2016
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