McCrory asks court to declare HB2 doesn't discriminate

Published May 9, 2016

by Mark Binker, WRAL, May 9, 2016.

Gov. Pat McCrory has asked a federal court to declare that House Bill 2 does not discriminate against LBGT people, a reaction to the Obama administration's demand the state roll back the law.

Lawyers for the governor filed the declaratory judgment action Monday.

"The Obama administration is bypassing Congress by attempting to rewrite the law and set restroom policies for public and private employers across the country, not just North Carolina. This is now a national issue that applies to every state and it needs to be resolved at the federal level," McCrory said in a prepared statement Monday. "They are now telling every government agency and every company that employs more than 15 people that men should be allowed to use a women’s locker room, restroom or shower facility."

Specifically, the filing asks the federal court to declare that the law does not violate federal protections for students or federal workplace discrimination laws.

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May 9, 2016 at 11:16 am
Pat Kelley says:

Wow! I finally agree with Donald Trump on something, as he's now calling our NC governor "Potty Pat"! (How appropriate while McCrory continues to rule from his pricey porcelain throne for a few more months.) I guess that's a little better than referring to him as "George Wallace, Jr.," because that's obviously the political era Pat best identifies with as he fights basic human rights. How proud our new bathroom monitor appears to be as he fights the United States of America's Judicial System (as well as the worldview) ... now we know how progressive Alabamans felt in the 1960s! Talk about constipated times ... McCrory needs to take a pill of goodwill soon before our great state is mired in his demonic defecation.

May 9, 2016 at 11:20 am
Richard L Bunce says:

Always good to see a State government tell the US DoJ to go to Congress and/or Court not just make declarations of law. Not sure about this one though. Gender like race is based on self identification (See Federal guidelines on race) and so the States argument is that all employees would be treated the same if we divided up the restrooms by race. As long as the State focuses on who is using the restroom instead of what any person might be doing in the restroom that they should not be doing then I suspect they will be on the losing end of this argument.

Sadly many in the State government still are no aware that the Charlotte City Council never had the power as delegated by the State Legislature to State Municipal Corporations to make the change in the city restroom policy with a Municipal Ordinance. Revoking the Charlotte Municipal Charter if they tried to enforce their ordinance would have been the correct response, not HB2.

https://www.nclm.org/resource-center/Pages/How-Municipalities-Work.aspx

May 9, 2016 at 11:26 am
Richard L Bunce says:

... and the US DoJ is attempting to interchange sex and gender. Sex is biological (male, female, other) for which there is a definitive genetic test. Gender is based on self identification with unlimited possibilities. Labeling restrooms Men and Women is likely to lead to lawsuits down the road. Perhaps the restroom owner labeling them All Sexes and Female Sex Only passes the equal access test. And no that does not mean someone has to be in the restroom performing DNA tests as people enter... no more than we have to have a police officer in every home to enforce burglary laws.

May 9, 2016 at 4:37 pm
Richard L Bunce says:

Listening to the US AG she believes that the law and court rulings have essentially equated gender with sex as a protected class. Will be interesting to see what the judicial system makes of that.