North Carolina Governor Pat McCrory filed suit against the Department of Justice on Monday to defend the state’s controversial “bathroom bill” – also known as HB 2.
The Obama administration has said that the law violates the civil rights act by discriminating against transgender people and the DOJ sent a letter last week threatening legal action and the withholding of billions in federal funds for education and infrastructure.
Gov. McCrory didn’t blink – he filed suit against the DOJ.
“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” the filing states.
The “bathroom bill” as it’s commonly known is actually House Bill 2 which was enacted in a special session of the North Carolina legislature. The bill was created as a response to Charlotte, NC’s ordinance that would force businesses to allow people to use whichever bathroom, locker room or shower they want to regardless of their biological sex.
The section of the Civil Rights Act of 1964 that is likely being applied to this mess by the federal government is section 301(a).
SEC. 301. (a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility…
Gender, gender identity, biological sex, nor any other reference to how someone “identifies” is in the law. Gender identity is not protected by the Civil Rights Act of 1964.
Several other states have or are considering similar legislation.