McCrory Dodges DOJ Deadline, Sues Feds in Defense of Anti-LGBT HB2

Governor’s Complaint Alleges Trans People Aren’t Protected Under Civil Rights Act

Accusing the Obama administration of “a baseless and blatant overreach,” Republican North Carolina Gov. Pat McCrory filed a federal lawsuit against the U.S. Department of Justice on Monday, seeking a court’s declaration about whether House Bill 2 illegally discriminates against transgender people. 

After the DOJ gave McCrory until 6 p.m. Monday to respond to its claim that HB 2 violates federal civil rights laws, the governor requested more time, but officials refused unless he admitted the bill is discriminatory — which he would not do. 

Instead, McCrory and Frank Perry, secretary of the North Carolina Department of Public Safety, filed a complaint against the DOJ, Attorney General Loretta Lynch and one of her assistants, alleging that trans people aren’t protected under Title XII of the Civil Rights Act of 1964, which prohibits discrimination based on sex. 

“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,” McCrory said in a statement. “This is now a national issue that applies to every state and it needs to be resolved at the federal level. 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.

In addition to the Civil Rights Act, the Justice Department found that HB 2 violates Title IX of the U.S. Education Amendments of 1972, jeopardizing billions of dollars annually in federal funding for the Tarheel State.  

The ACLU of North Carolina and Lambda Legal, which are challenging HB 2 in federal court, responded to McCrory’s lawsuit by accusing him of doubling down on discrimination while trans people in the remain in the “perilous position” of avoiding public restrooms or breaking the law. 

“The federal government made clear that HB 2’s mandate of discrimination against transgender people violates federal civil rights laws but McCrory and other political leaders in the state have decided to risk federal funding to maintain that discrimination,” the groups said in a statement. “Transgender people work for the state of North Carolina, attend school in North Carolina, and are a part of every community across the state. It is unconscionable that the government is placing a target on their backs to advance this discriminatory political agenda. Lawsuits are normally filed to stop discrimination—not to continue it.” 

McCrory plans a press conference at 1 p.m. Eastern today to further discuss his lawsuit, which alleges that the DOJ’s “radical reinterpretation” of the Civil Rights Act “would prevent plaintiffs from protecting the bodily privacy rights of state employees while accommodating the needs of transgendered state employees.” 

“North Carolina does not treat transgender employees differently from non-transgender employees,” the complaint states. “All state employees are required to use the bathroom and changing facilities assigned to persons of their same biological sex, regardless of gender identity, or transgender status.” 

Meanwhile, Lynch plans her own press conference at 3:30 p.m. to announce the DOJ’s next steps.