Posted on 05/06/2016 2:53:52 PM PDT by HomerBohn
The U.S. Department of Justice has weighed in on the North Carolina transgender bill, claiming it violates civil rights laws and threatening to cut federal funds to the state if it did not abandon the measure.
Under North Carolina’s law, transgender individuals are asked to use public restrooms that correspond to the sex with which they were born, not with which they identify. North Carolina Governor Pat McCrory has defended the law as “very common-sense,” but the LGBTQ community claims the law is discriminatory.
This week, Justice Department lawyer Vanita Gupta sent a letter to Governor McCrory, indicating that he and the state of North Carolina are in violation of civil rights laws.
As noted by the New York Times, former DOJ Attorney General Eric Holder directed the Justice Department to include gender identity, which includes transgender status, as a basis for discrimination claims in December 2014.
The Equal Opportunity Employment Commission affirmed this change by determing last year that “equal access to restrooms is a significant, basic condition of employment” and that efforts to deny restroom access to transgender individuals amounts to discrimination. "The State is engaging in a pattern or practice of discrimination against transgender state employees and both you, in your official capacity, and the state are engaging in a pattern or practice of resistance" of their rights, she writes.
ABC News reports that Gupta also informed the 17-campus University of North Carolina system that the transgender law violates Title IX of the Civil Rights Act prohibiting discrimination in education based on sex.
However, constitution.com pointed out the federal argument is based upon logical quicksand because to prove that a state is violating laws (really edicts) about gender (really one's biological sex, people don't have a gender; only words do), people must first be able to solidly define gender:
Title VII of the Civil Rights Act states that a person cannot be discriminated against by an employer on the basis of sex, race, color, national origin, or religion. So this means that the DOJ is applying this to gender.
But, this would mean that there is a definition of gender. If there is a definition, then we should be able to determine a person’s gender. We would have to to determine if that was the basis for the discrimination.
The trouble this will cause for the DOJ, many who suffer from Gender dysfunction have not decided which gender they are yet. The only real test would be physical. If this is the test, then NC is in perfect compliance with the law.
The DOJ gave Governor McCrory and University of North Carolina President Margaret Spellings until Monday to “remedy these violations.”
According to the New York Times, an official with the Justice Department claims that the DOJ has numerous tools at its disposal to compel North Carolina to comply, including denying federal funds.
In response to the DOJ, Governor McCrory released a statement that provides little insight into the state’s next step. “The right and expectation of privacy in one of the most private areas of our personal lives is now in jeopardy. We will be reviewing to determine the next steps,” he stated.
McCrory did observe, however, that the Department of Justice’s intrusion takes the issue from a state matter to a national one. "This is no longer just a North Carolina issue, because this conclusion by the Department of Justice impacts every state," McCrory said.
ABC News reports that the Justice Department has already been asked to intervene and block the execution of Mississippi’s House Bill 1523, which states that government and business employees can deny services if offering those services asks them to violate their own religious beliefs that marriage should be between a man and a woman and that gender is defined biologically.
But elsewhere in the country, others are showing their support for laws in which LGBTQ individuals are being asked to utilize facilities that correspond to their biological sex.
In Illinois, for example, the New York Times reports that a group called Students and Parents for Privacy filed a lawsuit against the Department of Education, the Justice Department, as well as Attorney General Loretta Lynch and school directors of Township High School in Palatine, the state's largest high-school district, demanding that the district stop the practice of “forcing 14- to 17-year-old girls to use locker rooms and restrooms with biological males.”
And the increasing popularity of the boycott against Target reveals that a large number of Americans remain opposed to transgender policies that permit individuals to elect which facilities they will use. Over one million people are now participating in the boycott, which was launched approximately one week ago by the American Family Association after Target announced that it would permit men who identify as women to use women's bathrooms and fitting rooms .
Supporters of the North Carolina measure view the government’s actions as significant overreach in order to push a radical agenda. North Carolina’s House Speaker Tim Moore, who helped pass the law in March, contends, “Basic concepts — common sense about privacy and expectations of privacy — are getting thrown out the window by what the Obama administration is trying to do in this.”
When House Bill 2 was signed in March, it included provisions that barred local governments from extending civil rights protections to gay and transgender individuals and mandated that individuals use bathrooms based on the gender that appears on their birth certificates.
However, threats from major companies such as Deutsche Bank and PayPal Holdings to discontinue plans to expand operations within the state prompted Governor McCrory to sign an executive order that establishes protections for state employees from discrimination based on sexual orientation and gender identity, and calls on legislators to reinstate the right to sue for discrimination. The executive order did not, however, address the provision that requires people to use the bathroom based on the gender with which they were born, though the bathroom provision is considered by critics to be the most controversial portion of the law.
“I have come to the conclusion that there is a great deal of misinformation, misinterpretation, confusion, a lot of passion and frankly, selective outrage and hypocrisy, especially against the great state of North Carolina,” McCrory said in a statement released after the executive order was signed, adding, “Based upon this feedback, I am taking action to affirm and improve the state’s commitment to privacy and equality.”
So...Just put a bounty on any DOJ lawyer that crosses the border into North Carolina.
And the DOJ is violating the U.S. Constitution by doing it. The Constitution says nothing about men using ladies restrooms. Therefore, that decision is up to the states.
What civil rights? - oh, maybe the right to privacy and to feel secure when engaged in such sensitive activities as changing one’s clothes and using the toilet - ah, but if LGBT’s have those rights, non TLBG’s have them also one would think - and it seems that giving LGTB’s their rights would in fact deny non-BLTG’s theirs in this case - so the DOJ wants to deny the rights of maybe ten times as many individuals as they’re going to protect - that’s not equality under the law....
The Obama girls don’t have to worry about their bathroom privacy since they are under the constant protection of the Secret Service. No wonder Obama doesn’t care about the rights of normal women.
I used to think so, but now I am not sure. Every blue collar dem I have spoken to about this thinks the leadership is completely whacked on this issue. But they were all men.
In a few months we will be able to see is Target is actually hurt by their policy. That will only happen if women care about men using women’s bathrooms. I’m not convinced they actually do.
I buy that Target might do this simply for social justice reasons. But not Trump, who has the same policy for his buildings as far as I can tell. He seems pretty legit as far as business things go. So what, he doesn’t know if his women customers care enough? I don’t buy it.
Like I said we will know in a few months I guess. If we are the point of women not really caring, I reckon we are really far, far gone culturally.
Freegards
That’s just it, I’m not sure they care. We think they should, but maybe we are just past the point where they actually do care and we didn’t realize it? I mean it’s a pretty damn grim indicator we are even talking about this nonsense from a cultural standpoint.
Freegards
The three doors should read:
“Men”....”Women”....”Sick Twisted Freaks”
I think you may be right. But the reason is that no woman has ever seen a transgender male in the women’s restroom. There just aren’t that many transgenders. If it happened more often, then I suspect it would be a problem.
Stop the insanity and just mandate that public bathrooms be single and private. Boys can be safe as well as girls. It worked well at the Boy Scout camp where I camped a few weeks ago. What had once been two large communal bathrooms was turned into 12 single use bathrooms.
Transgeners in the women’s bathrooms has been going on for generations without a problem. Why?
Answer:
1)They look, dress, and act like women and are unnoticed and non-threatening.
2) The transgendered do their business, wash their hands, and leave without fuss.
Why all the upset now?
Answer: Because with Marxists the issue is **Never** the issue! It is time to look behind the curtain for the real motivations.
The problem is not going to be the actual guys who are way into this, that take time to seem legit, whether they actually dig women or not or believe they are actually women or not. It’s going to be the guys who know they don’t have to now cut it appearance-wise and who are just going to be excited to go into the women’s bathroom. I imagine there’s waaaaaay more guys like that who would have never risked it before.
If women can’t grasp this, we are way far gone I reckon.
Freegards
How can that be? There is no such thing as “transgender”, except in their own minds.
Yeah I’ve considered that. Once you open the door anyone can come in. But it’s not going to be a problem unless and until it is.
There should be no perverts in the BSA and no need to center attention on same sex bathrooms!
We have MEN and WOMEN, and we have BOYS and GIRLS.
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