Justice Dept. to North Carolina: Justice Dept. to North Carolina: Law limiting protections for LGBT people violates federal law

Matt Zapotosky and Mark Berman
May 4

https://www.washingtonpost.com/politics/justice-dept-to-north-carolina-law-limiting-protections-for-lgbt-people-violates-federal-law/2016/05/04/c11fa75a-1237-11e6-81b4-581a5c4c42df_story.html

The federal government took on North Carolina's controversial "bathroom bill" Wednesday, giving the governor until Monday to pledge that he will walk away from the law, which Justice Department officials said violates civil rights.

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And the U.S. Attorney General steps into the ring.

In our corner.

Whatever else you may say about our prez, he's lining up the big guns on our side.

It's not a new interpretation of federal law.  Many courts and administrative agencies have interpreted the Civil Rights Act of 1964's prohibition of discrimination based on sex to include prohibition of discrimination based on gender identity.

Here's a landmark ruling (Macy v. Holder) from the U.S. Equal Employment Opportunity Commission in April 2012, finding that Title VII of the Civil Rights Act prohibits discrimination in employment based on gender identity:

https://www.eeoc.gov/decisions/0120120821%20Macy%20v%20DOJ%20ATF.txt

"[T]he Commission finds that the Complainant's complaint of discrimination based on gender identity, change of sex, and/or transgender status is cognizable under Title VII and remands the complaint to the Agency for further processing."

This ruling is now accepted as established precedent by all offices of EEOC throughout the country (yes, even in North Carolina!) in processing of administrative complaints of employment discrimination.

Good to see the DOJ stepping up to the plate on this one. It will be interesting to see if NC caves in or will it double down, risk losing hundreds of millions of dollars of federal funding, or try to secede from the Union again.

Now let's see if they will actually enforce it beyond talk.


Sapere Aude

Obama administration sends legal threat to North Carolina Governor over anti-LGBT law

Nick Duffy 
Pink News
5th May 2016, 11:23 AM


http://www.pinknews.co.uk/2016/05/05/obama-administration-sends-legal-threat-to-north-carolina-governor-over-anti-lgbt-law/?utm_source=PNFB&utm_medium=SocialFB&utm_content=FBN&utm_campaign=PNFacebook

"President Obama's Justice Department has warned North Carolina that its anti-LGBT laws directly contravene civil rights protections."

I was wondering when the federal government was going to move against NC - they kept saying that they were "evaluating" the situation.

Now that they have moved I'll bet that NC doubles down and refuses to change the law and initiates legal action. If that happens I expect the issue to rise to the level of SCOTUS, and if that happens we should finally get a undeniable ruling on our rights that cannot be trampled on by state legislators.

It's going to fun to watch the NC governor squirm in the huge mess he created.

Quote from: Eva Marie on May 05, 2016, 09:29:04 AM
I expect the issue to rise to the level of SCOTUS, and if that happens we should finally get a undeniable ruling on our rights that cannot be trampled on by state legislators.

Eva, I wish I had your confidence that eight or nine straight cisgender men and women are going to make the right decision. There are at least three justices that would like to see transgender people disappear from the earth and the wrong president could well increase that given that two of the justices that might possibly be understanding are 77 and 83.

Quote from: suzifrommd on May 05, 2016, 09:45:10 AM
Eva, I wish I had your confidence that eight or nine straight cisgender men and women are going to make the right decision. There are at least three justices that would like to see transgender people disappear from the earth and the wrong president could well increase that given that two of the justices that might possibly be understanding are 77 and 83.

My hope comes from them making the correct decision on marriage equality. You may be correct though, they very well may rule the other way and we'd continue to be 2nd class citizens.

We will have to wait and see if NC folds or double down.