DOJ: North Carolina LGBT bill violates Civil Rights Act

"The US Department of Justice (DOJ) on Wednesday advised North Carolina Governor Pat McCrory via  letter that the state's recently passed House Bill 2, violates the Civil Rights Act of 1964." Jurist

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Bert Perry's picture

Guys that were at the time actively enforcing sodomy laws were obviously pointing to a nation where boys could be in the girls' locker room.  Obviously. 

Aspiring to be a stick in the mud.

Bert Perry's picture

The NC law does allow those who have changed their birth certificates and drivers' licenses to use the restroom/locker room of their new choice.  So the argument isn't over whether people who are genuinely transgender--who have gotten hormone or surgical things done and changed their birth certificate--from using the facilities of their choice.  What it does is to prevent those who have not made the decision to change birth certificate from using a bathroom/locker room that does not correspond to their birth certificate/drivers' license/etc..

So it'll be an interesting case; more or less, the DOJ is arguing that despite 843000 people on Megan's List (and hundreds of thousands more who ought to be on it), the state of North Carolina has no compelling interest in restricting entry to the ladies' room to people whose identification actually identifies them as ladies.  Rather, they're arguing that self-identification as transgender qualifies them for protections under the Civil Rights Act.  The rhetorical gymnastics required to make such a case are going to be fascinating and depressing.

Aspiring to be a stick in the mud.

Bert Perry's picture

Now if the DOJ is going to argue that bathroom sex distinctions are subject to how a person views himself, what are they going to do when a new generation of Rachel Dolezals and Elizabeth Warrens claims to be African-American or Native American to get Affirmative Action preferences?  The same logic will apply, and if it wasn't for the fact that it's our beloved country that's going to be in turmoil over this kind of thing, I'd be popping the popcorn for when I get to watch.

Aspiring to be a stick in the mud.