Tag: HB2

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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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North Carolina Chooses Legal Fight With Federal Government Over Anti-Trans “Bathroom Law”

Faced with repealing the recently passed anti-transgender HB2 or face legal wrangling with the federal government, North Carolina has chosen the latter.

The Associated Press reports:

North Carolina Gov. Pat McCrory is going to court in a fight for a state law that limits protections for lesbian, gay, bisexual and transgender people.

McCrory is leading a lawsuit filed Monday seeking to keep in place the law the U.S. Justice Department said last week violated the civil rights of transgender people.

The Justice Department had set a deadline of Monday for McCrory to report whether he would refuse to enforce the last that took effect in March.

The lawsuit filed by North Carolina asserts that “Transgender status is not a protected class under Title VII,” and therefore not covered by Title VII. The 4th Circuit Court of Appeals has already issued guidance to the contrary.

According to a new CNN/ORC Poll, 57% of Americans oppose anti-trans “bathroom laws” like HB2 in North Carolina, and three-quarters favor laws guaranteeing equal protection for transgender individuals.

UPDATE – U.S. Attorney General will hold a 3:30PM press conference today to announce law enforcement action against North Carolina over its anti-LGBT HB 2 law.

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North Carolina Governor: It’s Unrealistic For Us To Repeal In Three Days What We Did In One

North Carolina Gov. Pat McCrory, appearing on Fox News Sunday, told host Chris Wallace that he will comply with the Justice Department’s Monday deadline to either scrap its transgender bathroom law or face legal action and risk losing federal funds.

McCrory made specific mention of the three working days that the state was given to repeal the anti-trans law.

“I don’t think that three working days is enough time for such a pretty big threat,” he told Fox News. “It’s the federal government being a bully, making law.”

Interestingly, the legislation was passed and signed into law in less than one day. I’m not sure how the governor and state lawmakers couldn’t undo in three days what it did in one.

The Human Rights Campaign brings up the same issue in a statement today:

“If HB2 was passed in a day, it can be repealed in a day, too. Pat McCrory’s excuse that he needs more time to comply with the Department of Justice after he rammed through and signed HB2 in the dark of night in a matter of hours doesn’t hold water,” said HRC Communications Director Jay Brown. “Pat McCrory even admitted on national television that his biggest excuse for passing HB2 is a lie. He couldn’t cite a single example of threats to public safety from non-discrimination ordinances like the one in Charlotte. That’s because they do not exist. HB2 is breaking federal civil rights laws and has put billions of dollars in federal funding on the line. It must be fully repealed immediately.”

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New Ad Campaign Explains North Carolina’s ‘Bathroom Law’ With Actual Trans Person

From Freedom For All Americans:

In this new ad, Zeke Christopoulos – a transgender man who lives in Asheville, North Carolina – and two of his professional colleagues discuss their concerns about the discriminatory House Bill 2, which knocked down existing non-discrimination protections for LGBT people and banned transgender people from using public restrooms.

One of Zeke’s co-workers, Patricia Hickling Beckman, shares her initial reactions to learning Zeke transitioned from female to male, and Zeke explains the absurd possibility of what could happen to him under HB 2 when a transgender man like himself uses a public bathroom.

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Sign This Petition – We #StandWithTarget Against Transphobia

MoveOn.org has launched a #StandWithTarget petition to counter the petition authored earlier this week by the AFA.

From the MoveOn petition: “I pledge to support Target and any other business that stands up for transgender rights and accommodates transgender people in their restroom use.”

I urge you all to hit the link and sign the petition. Show the haters that we outnumber their backwards bigotry.

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Nick Jonas & Demi Lovato Cancel North Carolina Concerts

Demi Lovato and Nick Jonas have added their names to the long list of performers cancelling concerts in North Carolina (Raleigh and Charlotte) due to the recently passed anti-LGBT bill, HB2.

Longtime LGBT rights allies, Jonas and Lovato are undeniably the most influential millennials to stand against the hate law.

Via GLAAD:

After much thought and deliberation, Nick and I have decided to cancel our shows in Raleigh and Charlotte. One of our goals for the Honda Civic Tour: Future Now has always been to create an atmosphere where every single attendee feels equal, included, and accepted for who they are.

North Carolina’s discriminatory HB2 law is extremely disappointing, and it takes away some of the LGBT community’s most basic rights and protections. But we will not allow this to stop us from continuing to make progress for equality and acceptance.

We know the cancelation of these shows is disappointing to our fans, but we trust that you will stand united with us against this hateful law.

#RepealHB2

Bruce Springsteen, Pearl Jam, and Boston have all canceled North Carolina shows because of HB 2.

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North Carolina: Legislation To Repeal HB2 To Be Filed Today In State House

Four North Carolina House Representatives are set to file legislation this morning with the intention of repealing anti-LGBT hate law HB2 in its entirety.

The North Carolina Democratic Party has sent out a press release, which read in part: “The damage to NC’s reputation and economy has been swift and is growing exponentially. House Bill 2 is bad for all NC citizens and it is bad for all NC businesses.”

The Winston-Salem Journal concurs, and has announced it’s support of the repeal:

As the legislature arrives in Raleigh Monday for its short session, we have one important message: Rescind House Bill 2. Rescind it for financial, legal and moral reasons. Throw it away and forget about it. Act like this embarrassment never existed.

Major corporations have withdrawn their investments in North Carolina because of HB2 and threaten to withdraw more. They would prefer to do business in states that welcome and treat everyone with respect. HB2 does the opposite. Hundreds of millions of dollars and thousands of jobs are at stake. Rescind it.

HB2 has become the poster child for government overreach, initially promoted as a response to a city bill about bathroom usage, then morphing to impede civil rights, citizens’ access to state courts and cities’ and counties’ ability to regulate their own affairs. Rescind it.

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North Carolina: Anti-LGBT “Pledge” Falls Flat

The haters in North Carolina say they have no animus towards the LGBT community.

Right?

Except, that is, when they want to force legislators to sign a “pledge” that no pro-LGBT protections will ever happen as long as the lawmakers are in office.

The folks over at anti-LGBT NC Family Policy Council began to circulate the above pledge designed to keep HB2, the new hate law in the state, in place.

But notice that third bullet point – “That I will not vote for any bill that would add the terms “sexual orientation,” “gender identity,” or “gender expression” to HB2 or any other statute or state policy.”

So, in reality, it’s not JUST about “protecting children” from bathroom predators. It’s about keeping the gays from having equal rights.

NC Capitol has the details on how the haters in NC backpedaled out of this mess:

John Rustin, president of the North Carolina Family Policy Council, sent the pledge to all members of the House and the Senate. By mid-afternoon Wednesday, he had emailed lawmakers, saying the pledge was circulated “inadvertently” and should be ignored.

“We had considered providing a means, prior to the convening of the 2016 Legislative Session, by which we could continue to encourage North Carolina lawmakers to stay strong in your leadership defending the privacy and safety of all North Carolinians, and clarifying that there is no patchwork of confusing local laws in the state that are harmful to commerce, labor, and trade,” Rustin said in the email. “However, we decided not to move forward with this pledge and respectfully ask that you disregard yesterday’s e-mail.”

State House Rep. Darren Jackson made sure the “pledge” was seen by the public:

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NBA To North Carolina: Change Anti-LGBT Hate Law Or We Move 2017 All-Star Game

More bad news for North Carolina in the aftermath of the state’s anti-LGBT legislation, HB2.

NBA Commissioner Adam Silver said Thursday that the hate law remains “problematic” for the league, and if the law is unchanged by next year, the currently scheduled All-Star game will have to be moved to a new location outside of North Carolina.

From the Charlotte Observer:

Silver’s comments on the state’s controversial House Bill 2 came at the Associated Press Sports Editors’ commissioner meetings Thursday, according to attendees.

Earlier in the day, Silver again called the law “problematic” for the league as it stands, but he said he’s confident state lawmakers will “do the right thing.”

“We’ve been, I think, crystal clear a change in the law is necessary for us to play in the kind of environment that we think is appropriate for a celebratory NBA event,” Silver said at the APSE event.

And speaking on ESPN’s Mike & Mike morning radio show, Silver said the NBA is more interested in working with local businesses and governments to effect change in the law, rather than in setting ultimatums about the 2017 All-Star Game, which is to take place in Charlotte.