Justice Department asks judge to block transgender law

Posted July 6

House Bill 2 (HB2)

— The U.S. Justice Department has asked a federal judge to halt implementation of a North Carolina law requiring people to use the bathroom matching the gender on their birth certificate.

U.S. Attorney General Loretta Lynch said in May the department would try to block the most controversial provision of House Bill 2, saying it discriminates against transgender state workers and students. Gov. Pat McCrory and state lawmakers responded by suing the government, seeking a court order that the law doesn't discriminate.

A filing Tuesday in U.S. District Court in North Carolina says the Justice Department is likely to be successful in getting the law overturned based on a recent ruling by the 4th U.S. Circuit Court of Appeals involving a transgender student's bathroom access in Virginia.

University of North Carolina officials have said they don't enforce the bathroom rules on any of the system's campuses. Charlotte-Mecklenburg Schools recently adopted a policy allowing transgender students to use the bathroom of their choice, and other school districts said they try to meet the needs of individual transgender students as best they can.

"Governor McCrory is appropriately seeking legal certainty to a complex issue impacting employers and students throughout the country," McCrory spokesman Josh Ellis said in a statement. "In contrast, the Attorney General is using divisive rhetoric to advance the Obama administration's strategy of making laws that bypass the constitutional authority of Congress and our courts."

House Bill 2 also excludes gay and transgender people from state nondiscrimination protections and prohibits cities and counties from extending such protections to them, but the Justice Department hasn't challenged that portion of the law.

North Carolina lawmakers made only minor changes to the law last week, allowing people to sue in state courts if they believe they have faced employment discrimination.


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  • Cameron Horn Jul 6, 10:47 p.m.
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    Lynch is an embarrassment to North Carolina can another state claim her as their own

  • Doug Bogard Jul 6, 5:21 p.m.
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    Gender is male or female, no amount of redefining the word is going to make a boy a girl or a girl a boy. We are male or female. It does sound crazy but not nearly as crazy as the batsh!t crazy logic the Obama administration is pushing.

  • Patrick Morningstar Jul 6, 5:20 p.m.
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    Awesome reasoning!

  • Andrew Stephenson Jul 6, 5:20 p.m.
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    So what do we do about the lesbians in women's bathrooms, locker rooms, showers, and motel rooms?

  • Marilyn Loftin Jul 6, 5:17 p.m.
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    Transgender' s have not had a physical change. They are still have what they were born with. Most are still attracted to women. Stay out of our bathrooms, locker rooms, showers and motel rooms.

  • Patrick Morningstar Jul 6, 5:13 p.m.
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    I love the reasoning that pedophiles are going to break the law no matter what. Hahahahah!! I guess we should just get rid of all laws! Again, this was never about transexuals using their new genders bathroom. It was about making sure sickos don't use it as leverage to gain legal access to bathrooms of their choice.

  • Andrew Stephenson Jul 6, 5:05 p.m.
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    First page of google results tells me she's making it all up.

  • Howard Roark Jul 6, 4:56 p.m.
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    Prove it Heather. Post the sources that prove an increase of violence against women and children because of bathroom ordinances similar to this.

    Its common sense to see that your claim has a hole big enough to drive a truck through.

  • Andrew Stephenson Jul 6, 4:35 p.m.
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    Citation needed right there.

    Has HB2 suddenly legalized sexual assault in bathrooms? What exactly can a transgendered person do in a bathroom to harm another person that is legal?

  • Howard Roark Jul 6, 4:31 p.m.
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    What proof do I have? Have you not been awake? And more support in the last 2 years than the last 40? Of course. Because they were forced to live in the shadows due to not being accepted by mainstream society. They're tired of sitting quietly now and others are showing their support.

    That's how movements happen.

    And tell me what danger a person would be in if a transgender used the restroom of the gender they identified with? 18 states and over 200 cities currently have laws similar to the Charlotte ordinance. Go ahead and compile a list of all the crimes that have happened to people in the bathrooms because of it. I believe you are confusing transgender with criminal.