North Carolina Lawmakers Will Defy U.S. Justice Department Over Anti-LGBT “Bathroom Law”

Speaker of the House Tim Moore

The Charlotte Observer is reporting that state lawmakers plan to defy the recent notice from the U.S. Department of Justice that the state’s anti-LGBT “bathroom law” – HB2 – violates the U.S. Civil Rights Act:

House Speaker Tim Moore said Thursday that legislators won’t meet the U.S. Department of Justice’s Monday deadline to repeal or stop enforcing House Bill 2.

The department sent state leaders a letter Wednesday saying that the law violates the U.S. Civil Rights Act and Title IX – a finding that could jeopardize billions in federal education funding. Those laws ban discrimination in education based on sex and employment discrimination.

“We will take no action by Monday,” Moore told reporters Thursday. “That deadline will come and go. We don’t ever want to lose any money, but we’re not going to get bullied by the Obama administration to take action prior to Monday’s date. That’s not how this works.”

Moore said state leaders are still trying to determine their next steps. “Right now we’re talking with our attorneys to see what our options are,” he said. “We’re going to move at the speed that we’re going to move at to look at what our options are.”

White House press secretary Josh Earnest distanced Obama from the order in his press briefing Thursday afternoon. “These kinds of enforcement actions are made independent of any sort of political interference or direction from the White House,” Earnest said. “Those are decisions that are made entirely by attorneys at the Department of Justice.

Stay tuned for more details.

Justice Department Says North Carolina “Bathroom Law” Violates US Civil Rights Act

The Justice Department has issued a statement saying North Carolina’s recently passed HB2, which prohibits transgender folks from using the bathroom that aligns with their gender identity, violates Title IX, which bars discrimination in education based on sex, and Title VII of the Civil Rights Act, which prohibits employment discrimination.

Via CNN:

The Justice Department has sent a letter to the governor of North Carolina notifying him that the state’s transgender law violates the U.S. Civil Rights Act, according to a Justice Department official.

House Bill 2, the Public Facilities Privacy & Security Act, puts in place a statewide policy that bans individuals from using public bathrooms that do not correspond to their biological sex. The law also reserves the right to pass nondiscrimination legislation to the state government, saying state laws pre-empt any local ordinances.

Should the ruling be upheld North Carolina stands to lose over $860 million in federal education funds.

State Rep. Chris Sgro, who is also the executive director of Equality NC, issued a statement which said in part, “The letter confirms what we’ve already known – that HB2 is deeply discriminatory, violates federal civil rights law, and needs to be repealed as soon as possible. We’ve already lost $500 million in economic impact and now we are violating federal civil rights law and risking Title VII funding.”

From the letter to North Carolina:

“Title VII prohibits an employer from discriminating against an individual on the basis of sex and from otherwise resisting the full enjoyment of Title VII rights….

“Federal courts and administrative agencies have applied Title VII to discrimination against transgender individuals based on sex, including gender identity….

“Access to sex-segregated restrooms and other workplace facilities consistent with gender identity is a term, condition or privilege of employment. Denying such access to transgender individuals, whose gender identity is different from the gender assigned at birth, while affording it to similarly situated non-transgender employees, violates Title VII …

“HB 2…is facially discriminatory against transgender employees on the basis of sex because it treats transgender employees, whose gender identity does not match their biological sex, as defined by HB2, differently from similarly situated non transgender employees…

Based upon the above, we have concluded that in violation of Title VII, the state is engaged in a pattern or practice of resistance to the full enjoyment of Title VII rights by employees of public agencies…

“Please advise the department, therefore, no later than the close of business on May 9, 2016, whether you will remedy these violations of Title VII including by confirming that the state will not comply with or implement HB2….

No response yet from Gov. Pat McCrory.

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.

No WEST SIDE STORY For North Carolina Or Mississippi

Music Theatre International, which handles licensing rights for stock and amateur theater productions of tons of musicals, has announced there will be no productions of West Side Story authorized for performance in North Carolina or Mississippi.

MTI serves as an agent for the rightsholders whose shows we represent. The rightsholders of this show have made their intentions clear and MTI will not issue new licenses for this show within North Carolina or Mississippi until we receive new instructions.

As regular readers of The Randy Report know, both North Carolina and Mississippi have recently passed anti-LGBT legislation in their respective states.

I’m guessing the folks who oversee the rights by the creators of West Side Story (Arthur Laurents, Stephen Sondheim, Leonard Bernstein) don’t want their work to appear where anti-LGBT animus is apparent.

Stephen Schwartz (Wicked, Godspell, Pippin) has recently made a similar announcement about the rights to his work in North Carolina.

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.

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.

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:

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.

Donald Trump Opposes North Carolina Hate Law

During a town hall appearance this morning on NBC’s Today Show, Donald Trump seemed to oppose anti-LGBT laws like North Carolina’s hateful HB2.

I say “seemed” because during his answer he kept saying “Leave it the way it is.” Leaving it the way it is would mean keeping HB2 in North Carolina., because that’s currently “how it is.”

But the gist of his answer would seem to be in opposition to the legislation that has garnered so much attention and caused so much economic hardship for the state.

Here’s Trump talking on the issue this morning:

“North Carolina did something that was very strong and they’re paying a big price. And there’s a lot of problems.” Trump said. “Leave it the way it is. North Carolina, what they’re going through, with all of the business and all of the strife — and that’s on both sides — you leave it the way it is. There have been very few complaints the way it is. People go, they use the bathroom that they feel is appropriate. There has been so little trouble. And the problem with what happened in North Carolina is the strife and the economic punishment they’re taking.”

UPDATE: Trump’s opponent in the Republican presidential primary blasted Trump for even suggesting opposition to the hate law.