The House Bill 2 Lawsuit Showdown: Department of Justice vs. North Carolina
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If you thought that talk of the controversial “Transgender Bathroom Law” also known as House Bill 2 had finally calmed down and would now disappear from the Facebook walls of your social justice warrior friends, you’ve got another thing coming. On Monday, Loretta Lynch’s Department of Justice filed a suit in the U.S. District Court for the Middle District of North Carolina to stop the implementation of the bill.
North Carolina’s House Bill 2 sparked controversy upon its March passing that requires, among other thing, all individuals to use bathroom that align with the gender listed on their birth certificate. As you can imagine, the Internet exploded with people claiming that this was a violation of transgender rights and/or extremely devolutionary for society.
The text of the bill reads, in part, “Establish Single-Sex Multiple Occupancy Bathroom and Changing Facilities. – Local boards of education shall establish single-sex multiple occupancy bathroom and changing facilities as provided in G.S. 115C-521.2.” The very same bill also includes protection of rights in employment and education, adding “It is the public policy of this State to protect and safeguard the right and opportunity of 57 all persons to seek, obtain and hold employment without discrimination or abridgement on 58 account of race, religion, color, national origin, age, biological sex or handicap by employers 59 which regularly employ 15 or more employees.“
The Department of Justice claims in their suit that North Carolina is violating the Civil Rights Act of 1964 and the Education Amendments of 1972 by enacting House Bill 2, making clear that they are more focused on the bathroom part of the law rather than the anti-discrimination in employment laws. Attorney General Loretta Lynch also compared House Bill 2 to old Jim Crow laws.
This suit was not unprecedented, and followed a suit filed Monday by Pat McCrory, the Governor of North Carolina, which sought an injunction against the Justice Department and their instance that House Bill 2 not be implemented. In that suit and the following announcement, McCrory “asked a federal court to clarify what the law actually is.” I’m sure that this is not the last we have heard about House Bill 2 and suspect that many more politicians will be adding their input soon. At this point, few people will be surprised if this makes it’s way to the Supreme Court.
FFL Cabinet Member