Connect with us

UPDATING: US Dept. Of Justice Says HB2 Violates Federal Civil Rights Act, Demands Implementation End

Published

on

Federal Government Gives North Carolina Until Monday to Remedy or Respond

HB2, Governor Pat McCrory‘s anti-LGBT law that has drawn national attention and condemnation, violates the Title VII of the U.S. Civil Rights Act, the federal government says. U.S. Dept. of Justice officials have given the State of North Carolina until Monday to explain how it will not violate the Civil Rights Act “by confirming that the State will not comply with or implement HB2.”

“The Department of Justice has determined that, as a result of compliance with and implementation of NC House Bill2, both you and the state of NC are in violation of Title VII of the Civil Rights Act 0f 1964,” a letter by Valita Gupta, principal deputy assistant attorney general, reads, according to the Charlotte Observer.

“Title VII prohibits an employer from discriminating against an individual on the basis of sex and from otherwise resisting the full enjoyment of Title VII rights….

“Federal courts and administrative agencies have applied Title VII to discrimination against transgender individuals based on sex, including gender identity….

“Access to sex-segregated restrooms and other workplace facilities consistent with gender identity is a term, condition or privilege of employment. Denying such access to transgender individuals, whose gender identity is different from the gender assigned at birth, while affording it to similarly situated non-transgender employees, violates Title VII … 

“HB 2…is facially discriminatory against transgender employees on the basis of sex because it treats transgender employees, whose gender identity does not match their biological sex, as defined by HB2, differently from similarly situated non transgender employees…

Based upon the above, we have concluded that in violation of Title VII, the state is engaged in a pattern or practice of resistance to the full enjoyment of Title VII rights byu employees of public agencies…

UPDATE I: 4:40 PM EDT –
The actual letter, contrary to the Observer’s reporting, cites Title VII, not Title IX. We’ve made that change above.
UPDATE II: 5:04 PM EDT –
More from the actual letter:

“Specifically, 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 to the full enjoyment of Title VII rights by transgender employees of public agencies.”

UPDATE III: 7:43 PM EDT –

NC Gov. Pat McCrory Denounces Obama Administration and Justice Dept. ‘Claim’ That HB2 Is Illegal

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.
Image: Screenshot via YouTube
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Madison Cawthorn Retains High-Powered GOP Attorney for Case Seeking to Disqualify Him as an Insurrectionist

Published

on

U.S. Rep. Madison Cawthorn (R-NC) is facing several six challengers to his seat in the House of Representatives this year. Two Democrats will face off, with one becoming their party’s nominee. Four Republicans are primarying the far-right freshman lawmaker, one of those five will go on to face the Democratic challenger.

But Congressman Cawthorn is facing an even great challenge, and he’s taking it seriously.

A group of attorneys is looking at both the 14 Amendment to the U.S. Constitution and North Carolina law, in an attempt to have him declared an insurrectionist and therefore unfit to serve.

“No person shall be a Senator or Representative in Congress,” the 14th Amendment reads, “who, having previously taken an oath, as a member of Congress…shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

The New York Times Tuesday night reports “Mr. Cawthorn, 26, who is in his first term in Congress, has denounced the case as an egregious misreading of the 14th Amendment, but he has retained James Bopp Jr., one of the most prominent conservative campaign lawyers in the country, as counsel.”

Bopp, known as being one of the attorneys who won the democracy-damning Citizens United case at the Supreme Court, flooding American politics with millions (billions?) in dark money. He’s also been a vice-chair of the RNC, and is recognized as a top conservative lawyer.

The Times adds that “North Carolina’s election statute offers challengers a remarkably low bar to question a candidate’s constitutional qualifications for office. Once someone establishes a ‘reasonable suspicion or belief’ that a candidate is not qualified, the burden shifts to the officeseeker to prove otherwise.”

Other Republicans are likely worried, which should have some wondering who’s footing the bill for Bopp.

“If Mr. Cawthorn is labeled an ‘insurrectionist,’ that could have broader ramifications. Other Republican House members, such as Marjorie Taylor Greene of Georgia, Mo Brooks of Alabama, Paul Gosar of Arizona, and Lauren Boebert of Colorado, face similar accusations, but their state’s election laws present higher hurdles for challenges to their candidate qualifications. If one of their colleagues is disqualified for his role in encouraging the rioters, those hurdles might become easier to clear.”

Read the entire Times report here.

 

 

Continue Reading

News

Chasten Buttigieg Slams Florida GOP’s ‘Don’t Say Gay’ Bill for ‘Pushing LGBTQ Families Back Into the Closet’

Published

on

Former school teacher Chasten Buttigieg is slamming Florida legislation dubbed the “Don’t Say Gay” bill, which would ban discussion of LGBTQ issues in public schools under the guise of “parental rights,” saying it will “kill kids.”

Appearing on CNN Buttigieg asked, “what kind of country we’re building, or in Florida, what kind of state are you building where you’re essentially pushing kids back into the closet, you’re saying we can’t talk about you? We can’t even talk about your families.”

“And you know, as a kid who grew up for 18 years, being told, ‘you don’t belong, something about you is wrong.’ Sometimes you take that trauma to heart and unfortunately there are a lot of kids in this country who do the worst because we tell them, ‘something about you is twisted and you don’t belong here.'”

Buttigieg railed against the bill over the weekend, posting a tweet pointing to a Trevor Project study that he says found “42% of LGBTQ youth seriously considered attempting suicide last year.”

The bill, sponsored by freshman Republican state Rep. Joe Harding, in part reads: “A school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students.”

Buttigieg, who is married to Secretary of Transportation Pete Buttigieg, said, “if kids come into the classroom Monday morning, and they’re all talking about their weekends, and hypothetically a kid like mine says, ‘I had the best weekend with my dad. We went to the zoo, we went and got ice cream,’ is the teacher supposed to say, ‘hey, we don’t talk about things like that in this classroom’? You know, and not only what does that do to kids like mine, but also do to a kid in the classroom [who is] starting to realize that they’re different.”

Watch:

Image by Pete for America via Flickr

Continue Reading

News

Psaki Schools Doocy on Trump’s Infamous Twitter Tantrums After He Whines About ‘Hashtag’ Diplomacy

Published

on

White House Press Secretary Jen Psaki responded to a question from Fox News correspondent Peter Doocy on Tuesday by reminding him that former President Donald Trump had a history of conducting diplomacy through tantrums on Twitter.

At a White House press briefing, Doocy asked why Secretary of State Antony Blinken had expressed support for Ukraine on Twitter with the hashtag “#IStandWithUkraine.”

“Has that ever worked in stopping an authoritarian regime from doing anything, a hashtag?” Doocy wondered.

“I will have to say that, unlike the last administration, we don’t think Twitter is the only means of engaging or negotiating or discussing important topics,” Psaki replied. “But it is important for us to convey to the Ukrainian people who do view commentary through a range of forums.”

Watch the video below from Fox News.

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.