@NCCapitol

@NCCapitol

HB2 spawns more legal action

Posted May 11

House Bill 2 (HB2)

— One day after the state and federal governments sued each other over House Bill 2, a nonprofit representing unidentified North Carolina public school students and parents filed a court action Tuesday seeking to prevent federal education funds to the state from being withheld because of the controversial state law.

North Carolinians for Privacy wants a judge to declare that the U.S. Department of Education and the U.S. Department of Justice cannot unilaterally determine that sex discrimination prohibitions in federal civil rights laws cover transgender people.

The Justice Department on Monday sued the state and the University of North Carolina system, alleging that House Bill 2 violates the civil rights of transgender state workers and students because it requires them to use the public bathroom that matches their birth gender instead of the bathroom that corresponds to their gender identity.

The legal fight puts an estimated $4.5 billion in federal funding to North Carolina at risk, including $1.4 billion to the UNC system.

"The administration shouldn’t condition the ability of women to receive an education on their willingness to shower with members of the opposite sex," Jeremy Tedesco, senior counsel for Alliance Defending Freedom, which is representing the families, said in a statement. "The agencies must stop using falsehoods about what federal law requires to threaten student access to educational opportunities and financial assistance."

UNC officials maintain that their campus nondiscrimination policies remain in effect and that they don't discriminate against anyone, including transgender students. They said they are trying to walk a fine line to abide by both House Bill 2 and federal laws.

Democratic lawmakers have filed a bill that would repeal House Bill 2 and a second bill that would extend nondiscrimination protections to gay and transgender people in the state.

Since House Bill 2's passage, some companies have called off planned expansions in North Carolina, conventions have been moved out of state and performers have canceled concerts. The Williams Institute at UCLA School of Law reported Wednesday that the law could cost the state $5 billion a year in lost federal funding, business investment and tourism, litigation costs and the health care, worker productivity and recruitment and retention costs associated with discrimination on the job and at school.

28 Comments

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  • Roger Clements May 15, 10:16 a.m.
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    "Yet you choose not to acknowledge the federal government's right to supersede state government."

    Yet you choose to acknowledge that states repeatedly ignore federal law in states like Colorado, California and Oregon. All of these states ignore federal statutes that classify marijuana as a schedule one narcotic; the same classification as heroin. Yet they freely dispense pot to the public and tax the sale of it.

  • Xander Bogaerts May 12, 3:00 p.m.
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    Yet you choose not to acknowledge the federal government's right to supersede state government.
    You choose only to acknowledge the state government's right to supersede local/city/county government.
    You don't see the double standard, Mark?

  • Demute Sainte May 12, 9:43 a.m.
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    No... there are plenty of State laws that supersede county and local laws for good reason. It makes law more consistent.
    Example: What if a local town enacted a law stating that any person could openly carry a weapon into any business or school without the business owner or State's permission? (A broad interpretation of our 2nd amendment rights) Forcing business owners that might not want guns on their property to accept them, and violating State regulations regarding weapons on public school campuses.

    Would this be a decision you would wish for a town to be able to adopt?

  • John Miller May 11, 8:58 p.m.
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    If you haven't actually read the entire bill and understand that it goes beyond trying to control which stall a willy can be in then you really should not be posting at all. Not reading the bill = ignorance. Not bothering to read the bill = shameful.

  • John Miller May 11, 8:56 p.m.
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    Hmmm. What about the State denying counties, towns, etc the right to govern themselves?

    Hypocrisy at its most foul and rotten. CAN'T YOU SEE THAT? Or do you just choose not to.

  • John Miller May 11, 8:52 p.m.
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    Geez, read the bill for crying out loud. It's about more than toilets.

  • Solomon Mcdonald May 11, 8:50 p.m.
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    Please stop comparing "gay" rights to the fight for racial equality. Gays we never enslaved, bought, sold, nor owned as a group. Stop being so self-centered. You're struggle is mostly a ploy to get attention. The racial struggle was a true human rights cause, not just some people who want to play dress-up in their mom's clothes.

  • Demute Sainte May 11, 8:14 p.m.
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    Really... So even though they were white, they received a scholarship designated for blacks? I mean, attending a historically black college, yet being white is one thing... doing so while being paid for with a black scholarship would be surprising.

  • Corey Pittman May 11, 8:10 p.m.
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    If you went to a HBCU then yes you would be able to qualify for a minority scholarship. A lot of my friends have done it.

  • Demute Sainte May 11, 7:00 p.m.
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    I agree to a point. But now, the court fight will indeed serve a purpose in directing the entire country regarding the issue. For better or worse depending on your position. So it is a fight worth fighting. For everyone.

    Yet regardless of the court outcome... I seriously doubt our nation, state or society will be better off.

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