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N.C. Gov. calls Lawsuit filed by the ACLU against HB2 “Slanderous”

Started by traci_k, March 30, 2016, 07:54:13 AM

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traci_k

N.C. Gov. calls Lawsuit filed by the ACLU against HB2 "Slanderous"

http://planettransgender.com/aclu-sues-north-carolina-gov-anti-lgbt-law/
Planet Transgender
Added by Kelli Busey on March 29, 2016.

It's show time at the OK Corral. It's fairly certain, say the litigants, that we will win in District court where the lawsuit was filed Monday And it's also certain if that happens it will be brought to the supreme court and if they accept it, we lose all certainty.

If we lose this in a supreme court ruling we lose our freedom not just in North Carolina but everywhere. So this battle is for the whole enchilada.

Lambda Legal, the American Civil Liberties Union, ACLU of North Carolina, and Equality North Carolina filed a lawsuit challenging North Carolina's sweeping anti-LGBT law, HB 2. The case, filed in the U.S. District Court for the Middle District of North Carolina against North Carolina Governor Pat McCrory, Attorney General Roy Cooper, and the University of North Carolina, is on behalf of two transgender North Carolinians, Joaquín Carcaño, a UNC-Chapel Hill employee, and Payton McGarry, a UNC-Greensboro student, and Angela Gilmore, a lesbian and North Carolina Central University law professor.

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Kelli could be correct that this fight could be for the whole enchilada of whether or not states have the right to legislate discrimination on the basis of religious beliefs. With the ACLU stepping in to file suit, there is a good probability this could wind up before the Supreme Court. Frankly I'm a bit more than worried.
Traci Melissa Knight
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suzifrommd

Quote from: traci_k on March 30, 2016, 07:54:13 AM
Kelli could be correct that this fight could be for the whole enchilada of whether or not states have the right to legislate discrimination on the basis of religious beliefs. With the ACLU stepping in to file suit, there is a good probability this could wind up before the Supreme Court. Frankly I'm a bit more than worried.

Me also, though the NC law is so bad that it's a really soft target. The courts might well strike it down on the grounds of equal protection because some folks can changes their birth certificates and some not, leaving all the questions of discrimination and rights to privacy unanswered.
Have you read my short story The Eve of Triumph?
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Tysilio

Given that the NC Attorney General has come out strongly against the law and said that his office will not be defending it, NC has zero chance of winning this suit. I'm not sure whether the other two branches of government are permitted to hire outside lawyers in a case like this, but if not, the case will be automatically be decided against the Gov. and Leg. when they fail to respond to the complaint. They likely have 30 days or so to do that. (I don't know whether UNC could choose to contest it independently, as they're a state institution and it may be up to the AG to defend them, as well.)

It's also telling that the Gov. McCrory is so ignorant of legal matters that he doesn't know the difference between slander and libel.  (Or that neither is applicable to a situation like this.)
Never bring an umbrella to a coyote fight.
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