North Carolina: Lawsuit Filed Challenging Anti-LGBT Law H.B. 2

As predicted, a federal lawsuit has been filed in North Carolina regarding the state’s new sweeping anti-LGBT law, H.B. 2, which wiped out local municipalities ability to protect LGBT citizens from discrimination, and specifies that transgender students must use public bathrooms that correspond to their “biological” sex versus their gender identity.

Calling out the Fourteenth Amendment, the lawsuit alleges the legislation was enacted to single out LGBTs.

From Buzzfeed:

“By singling out LGBT people for disfavored treatment and explicitly writing discrimination against transgender people into state law, H.B. 2 violates the most basic guarantees of equal treatment and the U.S. Constitution,” the lawsuit argues.

The complaint argues the law violates people’s equal protection, privacy, and liberty rights under the Fourteenth Amendment to the U.S. Constitution and their civil rights under Title IX of the Education Act of 1972.

The lawsuit is asking for a declaratory judgment that the law violates the Constitution and Title IX and an injunction against enforcement of the law.

The case was filed overnight in the U.S. District Court for the Middle District of North Carolina on behalf of Joaquín Carcaño, a transgender man who works at the University of North Carolina-Chapel Hill; Payton Grey McGarry, a transgender man who is a student at the University of North Carolina-Greensboro; and Angela Gilmore, a lesbian who is the associate dean for academic affairs at North Carolina Central University. Also named as plaintiffs are the ACLU of North Carolina and Equality North Carolina.

The defendants include Gov. Pat McCrory, Attorney General Roy Cooper, and the University of North Carolina and several of its senior officials.

North Carolina Gov. McCrory Tries To Spin “Myths Vs Facts” On Anti-LGBT Law

North Carolina Gov. Pat McCrory is trying desperately to crawl out of this huge mess of the newly passed HB2 law which strips any LGBT protections from local municipalities and forces transgender students to use bathrooms and locker rooms which don’t correspond to their gender identity.

McCrory has issued this list of “Myths Vs Facts” about HB2, but there’s a whole lot of side-stepping going on here:

Now, let’s breakdown the “spin” from the truth here:

• McCrory completely sidesteps the fact that transgender students cannot use restrooms or locker rooms that match their gender identity.

• Saying businesses can still adopt their own non-discrimination policies ignores the fact that those businesses were never the problem. It’s the businesses that DO discrimination based on sexual orientation and gender identity that needed to be policed.

• Saying transgender people can use the bathroom that aligns with their gender identity as long as they’ve undergone sex reassignment surgery and change their birth certificates is highly unreasonable. Many trans people haven’t undergone such surgery, and often because they can’t afford to do so.

• Item #5 would seem to indicate that local municipalities can enact their own stricter anti-discrimination policies. EXCEPT – there can be no such policies regarding any group not protected by state law. LGBTs are not protected by state law, so there can be no local protections either.

What HB2 has done is wipe out the local ordinances passed in 8 cities in North Carolina that chose to protect it’s LGBT citizens just like over 200 cities and 19 states across the country had done.

The state legislature of North Carolina has legalized discrimination against LGBTs. Period.

As I’ve explained before here on The Randy Report, here’s an example of how this new law will work. This transgender man will now be required to use the ladies room.  Let me know how this makes any sense…

(h/t JMG)

North Carolina: Big Business Speaks Out Against Hateful HB 2

Here’s How The New Anti-LGBT Law Works In North Carolina

Viacom, Disney, NFL Speak Out On Georgia’s Anti-LGBT Law

As Georgia Gov. Nathan Deal comtemplates whether or not to sign into law a divisive bill which formally legalizes anti-gay discrimination, major businesses like Viacom and Disney are saying they will take their businesses elsewhere should the legislation become law.

Additionally, the NFL has categorically told Georgia the law will deeply affect the state’s chances to host the 2019 or 2020 Super Bowls.

From The Hollywood Reporter:

Disney and its Marvel Studios film unit will not shoot future movies in Georgia if a controversial bill that critics contend would legalize anti-gay discrimination is signed by that state’s governor. Viacom as well as the AMC Networks, which films The Walking Dead in the state, has called on Gov. Nathan Deal to veto the legislation.

“Disney and Marvel are inclusive companies, and although we have had great experiences filming in Georgia, we will plan to take our business elsewhere should any legislation allowing discriminatory practices be signed into state law,” a company spokesman said Wednesday.

Marvel has filmed such movies as Ant-Man and the upcoming Captain America: Civil War and Guardians of the Galaxy 2 in Atlanta, taking advantage of Georgia’s attractive tax incentives. While Disney’s statement specifically mentioned Marvel, other Disney units like ABC Studios and Disney Studios would also take part in the boycott.

Legislation Targeting Trans Students Defeated In Tennessee House

Good news out of Tennessee where anti-transgender legislation HB2414, the so-called “Gender Inspection” bill, was sent to legislative purgatory

From Freedom For All Americans:

At a hearing this morning in the House Education Administration & Planning Committee, members of the committee voted unanimously to send HB 2414 to “summer study”—meaning it will not become law during this legislative session. The vote to not advance the bill came after numerous members of the committee had met face-to-face with transgender students from across the state, hearing their personal stories of why this legislation would put them at real risk.

If passed, this invasive “Gender Check Bill” would have required that students prove that their anatomy matches that of their birth certificate as a condition of using the restroom. As with similar measures seen around the country, HB 2414 did not describe how school officials are to determine if a student’s gender matches the sex on their original birth certificate. This means under this bill, schools could be required to collect DNA or perform physical examinations before a student is allowed to use the restroom.

HB 2414 would have meant real economic consequences for Tennessee, too. Just last week, Republican Governor Bill Haslam voiced concerns that the “Gender Check” bill could jeopardize hundreds of thousands of dollars in federal education funding and force school districts to undergo costly litigation on their own dime.

Today’s bipartisan victory in Tennessee marks the latest in a wave of defeats of anti-transgender legislation across the country, including Virginia, Wisconsin and most notably South Dakota, where Republican Governor Dennis Daugaard vetoed a nearly identical bill after hearing from businesses, faith leaders and transgender students who would have been personally impacted.

Anti-transgender bills have popped up across the nation as trans people are becoming the new target for anti-LGBT forces.

Last week, South Dakota Gov. Dennis Daugaard vetoed similar legislation after meeting with transgender students who would have felt the full force of the bill.

South Dakota Governor Vetoes Anti-Transgender “Bathroom Bill”

South Dakota Gov. Dennis Daugaard

Governor Dennis Daugaard of South Dakota has vetoed House Bill 1008, which would have made South Dakota the first state to ban transgender students from using school restrooms that correspond with their gender identity.

“Thank you Governor Daugaard for meeting with transgender people to see through their eyes that they are our friends, family, and neighbors, worthy of the same fair treatment and dignity as everyone else,” said Rebecca Isaacs, Executive Director of Equality Federation. “The more people get to know about the real lives of transgender people, the more empathy prevails. All students, including transgender students, should be able to fully participate and have a fair opportunity to thrive in school.”

The state legislature could vote to overturn Daugaard’s veto. But, at least for now, the votes are lacking in the state Senate which voted in favor of the bill 20-15, which falls short of the necessary two-thirds threshold.

Congrats South Dakota! And thank you, Gov. Daugaard.

UPDATE: It looks like the bill’s sponsor doesn’t want to do a veto fight. From Rep. Fred Deutsch’s response:

“HB 1008 was intended to be a practical solution to our evolving social values on gender issues. Unfortunately emotions on both sides of this issue have dominated the news coverage and the recent debate. I still believe an objective reading of the proposed law is consistent with my intent to be non-discriminatory and fair to all students and parents.

However, because I think the national focus on South Dakota should be on our positive business environment, strong labor market and the excellent work our schools do, I am going to ask my legislative colleagues to concur with the Governor’s veto. Further focus on this issue will detract from the other significant accomplishments of the legislature this session.”