Monday, May 9, 2016

U.S. Department Of Justice Sues North Carolina Over HB2

U.S. Attorney General Loretta Lynch

The U.S. Department of Justice has filed suit against North Carolina over anti-trans "bathroom law" HB2.

The suit specifies alleged violations of Title VII, Title IX, and VAWA.

From the lawsuit:

1. The United States files this complaint challenging a provision of North Carolina law requiring public agencies to deny transgender persons access to multiple-occupancy bathrooms and changin facilities consistent with their gender identity.

2.As set forth below, Defendants’ compliance with and implementation of Part I of North Carolina Session Law 2016-3, House Bill 2 (“H.B. 2”), which was enacted and became
effective on March 23, 2016, constitutes a pattern or practice of employment discrimination on
the basis of sex in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”); discrimination on the basis of sex in an education program receiving federal funds in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq. (“Title IX”), and its implementing regulations, 28 C.F.R. Part 54 (2000), 34 C.F.R. Part 106 (2010); and discrimination on the basis of sex and gender identity in programs receiving federal funds in violation of the Violence Against Women Reauthorization Act of 2013 (“VAWA”), 42 U.S.C. §13925(b)(13).

Speaking directly to transgender Americans during a press conference today, U.S. Attorney General Loretta Lynch said,"No matter how isolated, how afraid, and no matter how alone you may feel today, note this — the Department of Justice and indeed the entire Obama Administration want you to know: we see you, we stand with you, and we will do everything we can to support you going forward."

Lynch, who was born in North Carolina, addressed the governor's claim that the Department of Justice is "bullying" North Carolina lawmakers. “I think the people who probably feel bullied are the transgender individuals who live and work in the state of North Carolina.”

The DOJ's filing makes it clear that the federal government sees "transgender" discrimination as a "sex discrimination" issue.

"For individuals who have aspects of their sex that are not in alignment, the person's gender identity is the  primary factor in determining that person's sex."

See from the filing below:

Stay tuned kids. It's getting serious now.

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