Facing a federal government about to crack down, Gov. Pat McCrory is suing to stop them, arguing there’s no such thing as federal protections for transgender people.
At a press conference at the state capitol in Raleigh today, McCrory repeated his earlier claims that he and his conservative colleagues in the legislature did not “seek out” this issue, placing the blame squarely on members of the Charlotte City Council, which approved a trans-inclusive public accommodations ordinance in February. The statewide law was drafted explicitly as a response to these protections, which McCrory has consistently called “government overreach.”
[…]
North Carolina’s chief legal counsel, Bob Stephens, confirmed during today’s press conference that the state’s lawsuit, seeking declaratory judgment, “is our response to that deadline” set by the DOJ. “So we’ve met the deadline and now we’ll go forward,” he added.
The lawsuit blasts the United States, in particular the federal Department of Justice, led by Attorney General Loretta Lynch, “for their radical reinterpretation of Title VII of the Civil Rights Act of 1964 which would prevent plaintiffs from protecting the bodily privacy rights of state employees while accommodating the needs of transgendered state employees.”
Mischaracterizing the law as a “common sense privacy policy,” the complaint admits that House Bill 2 does not grant citizens access to public restrooms based on their gender identity. The suit continues:
“The Department [of Justice] 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. The Department’s position is a baseless and blatant overreach.”
North Carolina’s complaint contends that there is no legal precedent affirming that transgender individuals are protected by federal employment law, but relies upon cases decided up to 16 years ago, notably failing to mention the numerous pro-trans equality rulings handed down in federal courts under the Obama administration.
At today’s press conference, Stephens told reporters that the DOJ is misunderstanding federal civil rights law, and argued that transgender people are not protected under Title VII. “The class of people that the Justice Department are referring to, are not a protected class,” Stephens told reporters, speaking about transgender employees who are now barred from using public restrooms that match their gender identity.
The Advocate has the full story. This just keeps plumbing brand new depths of stupidity and bigotry. How is it possible that holding on to bigotry is worth so much?
It is not our fault that we are bigots. It is your fault.
But it is not overreach to codify discrimination, huh?
They simply cannot back down now. That would be admitting that they were wrong and/or bigoted.
The Department [of Justice] contends that North Carolina’s common sense privacy policy . . .
The use of “common sense” in this case makes as much sense as the “pro-family” and “pro-life” in those organizations that misuse the terms.
Sorry, looks like I did not close the last quote.
Translation: We shat on you because it’s not illegal to do so.
This is really starting to send home that whole “Why do you need a myth of heaven to incentivize good behaviour? Are you in the habit of dreaming up murders and rapes where the only thing standing between you and that is the promise you’ll get a carrot if you don’t?”
This brilliant strategy is positively hitlerian: when the blitzkrieg stops working, uh, blitzkrieg more!
(Actually, that generally seems to be a weirdly conservative response to defeat in general)
I mean, suing the Justice Department through the, uh, Justice System administered by the Justice Department It’s not quixotic, really, it’s kind of like telling Cheaty McCheater you’ll play ’em in a rigged game -- and you’ll kick their ass.
If I’m reading the article referenced here correctly, the EEOC sure feels that Title VII applies. Seems to say so in the Overview anyway. I fail to see how an argument can be made that “a class of people” is not covered by sexual discrimination law as written.
https://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfm
Just pass a law that forbids public toilets from being assigned to a gender. Problem gone and everyone can move on.
It’s absurd that they can pose this as an issue of defending the privacy of cis people because how are they going to know I’m cis without necessarily violating my privacy?
“We had to invade your privacy in order to protect it.”
“We have to report equation-scribbling scholars to the authorities to to protect our freedom.”