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Today North Carolina Gov. Pat McCrory filed suit against the U.S. Department of Justice and the DOJ filed suit against the North Carolina. At issue is North Carolina House Bill 2, which was introduced and passed in a single day to overturn ordinances in Charlotte and other cities that protected LGBTs from discrimination. Last week the DOJ found that HB2 violates Title IX of the Civil Rights Act, and a new CNN/ORC poll found 75% of Americans back LGBT rights and 60% oppose anti-transgender ‘bathroom bills.’ Did North Carolina Republicans pick a losing fight?
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Yes, in the long run this is a losing fight for Republicans. They may win a legal skirmish or two, depending on what judges they draw in the initial stages, but I think the U.S. Supreme Court will ultimately agree with the DOJ that gender identity falls within the sex discrimination provision of the Civil Rights Act.
Worth noting, a group of families in Illinois — backed by the usual cohort of conservative legal groups — is suing the state Department of Education, claiming their daughters are “harassed” by the mere possibility that a transgender classmate might use the girl’s restrooms and locker room. Interestingly, they reject as “insufficient” the school’s accommodation to let them use the facilities in the nurse’s office … the same accommodation they insisted was adequate for transgender students. I don’t expect their lawsuit will gain much traction either.
Yes, this is a losing battle, just like their other battles against various forms of equality have been. The basic gist I get from the DOJ is that they’re about to lower the boom on North Carolina, and make them an example pour encourager les autres.
I admit to being totally befuddled as to why NC Republicans thought this was either “important” or worth taking on the DOJ. Have they accomplished enough voter suppression to leave their homophobic base in the majority?
I thought AG Lynch was eloquent today and I hope she will be asked and agree to keep serving.