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The Media Is Lying About Why North Carolina Is Being Sued

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North Carolina wants special rights to receive funding under federal contracts they’ve signed but that they’ve now declared they have no intention of honoring. Why hasn’t the mainstream media reported this?

Almost without exception, all news stories covering the U.S. Attorney General’s suit against North Carolina omits the rather significant fact that when North Carolina took federal money tied to the Violence Against Women Act (VAWA) and Title IX, they signed a contract with the federal government explicitly agreeing to not discriminate on the basis of gender identity. Unlike what you may have heard, this breach of contract is why North Carolina is being sued.

While the media has sensationalized this story by focusing on the North Carolina Governor’s talking points of “federal overreach” and “federal bullying” while blaming liberals in Houston, Texas for his actions against the trans citizens of North Carolina, the actual story doesn’t leave much room for the media to pander to the “transgender debate” trope. The actual story doesn’t allow the media to make the U.S. Attorney General’s suit ambiguous, about morality, or even what “gender identity” means. The reason for this is that the Republican Congress defined what gender identity meant in 2013. Moreover, the Republican Congress set the very gender identity nondiscrimination standards under which North Carolina is being sued.

It’s telling that the media seems unwilling or unable to tell the public what the Department of Justice (DOJ) told them during the press conference in which the DOJ suit against North Carolina was announced:

“We also bring a claim in the Violence Against Women Act, a more recent statute specifically designed to prevent discrimination against transgender people by entities that accept certain federal funds. As with Title IX, entities that accept federal funds under VAWA, including UNS and the NCDPS, pledged that they would not discriminate against sex or gender identity. Our complaint seeks to enforce that pledge and hold those entities accountable for the kind of discrimination required by HB2.”Â

– Vanita Gupta, head of the Civil Rights Division at the Department of Justice

Here’s why the U.S. Attorney General said Vanita Gupta’s division was filing suit against North Carolina:

  • “With respect to federal funding, the statutes we brought this lawsuit under do provide the opportunity to curtail federal funding under Title IX in the Violence Against Women Act.”
  • “The Violence Against Women Act specifically targets gender identity. The law and the case law around Title VII, Title IX, and the Violence Against Women Act clearly indicates HB2 is in violation of federal law.”

North Carolina is being sued by the Dept. of Justice because North Carolina willingly signed a contract with the federal government agreeing to not discriminate on the basis of gender identity and then announced that they were going to discriminate on the basis of gender identity.

Even though VAWA and Title IX funding comes with explicit prohibitions regarding discrimination on the basis of gender identity, North Carolina Governor Pat McCrory has claimed numerous times that Congress needs to figure out what gender identity means since they’ve not addressed it. Apparently Governor McCrory doesn’t know that in the very Congressional Act he took money from –the VAWA– the act spells all of this out.

Remember, a Republican Congress passed the following language and furthermore, a Republican Congress explicitly approved banning discrimination on the basis of gender identity:

No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 103–322 ; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162 ; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013 , and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.

Even if a Republican Congress hadn’t passed the above language in 2013 (286 to 138), the VAWA explicitly states exactly who has the power to say who must be served with VAWA funding as an “underserved population”:

[U]nderserved populations means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate.

These are the rules Congressional Republicans set up and these are the rules North Carolina contractually agreed to play by when they took VAWA funding. When North Carolina declared that they’d refuse to honor their contractual obligations, the DOJ announced they would sue North Carolina.

With regard to Title IX, when the University of North Carolina took Title IX funding, they signed a contract stating that they wouldn’t discriminate based upon gender identity. In keeping with Title IX policy, the University of North Carolina has a Title IX coordinator. Her name is Elizabeth Hall. Here’s what the Department of Education’s 2015  Title IX Resource Guide for Title IX coordinators states:

Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity. All students (as well as other persons) at recipient institutions are protected by Title IX—regardless of their sex, sexual orientation, gender identity, part- or full-time status, disability, race, or national origin—in all aspects of a recipient’s educational programs and activities. - Page 1

And

The Title IX coordinator should also help ensure that transgender students are treated consistent with their gender identity in the context of single-sex classes. – Page 22

Again, North Carolina knew exactly what it was agreeing to when it entered into a contract with the Department of Education to receive Title IX funding. The only actual story here is that North Carolina wants the special right to receive funding under federal contracts they’ve declared they’ve no intention of honoring.

If defaulting on federal contracts North Carolina knowingly signed is the actual story behind the DOJ’s suit, why is the media only interested in talking about “dueling lawsuits,”  the “transgender debate,” or how there’s ambiguity to the DOJ’s suit? If gender identity was codified into law passed by a Republican Congress, why is the media perpetuating the myth that Congress hasn’t addressed the issue of “gender identity” discrimination yet?

Â

Cristan Williams is the Editor-in-chief of The TransAdvocate and a trans historian and pioneer in addressing the practical needs of the transgender community.

This article was originally published at The TransAdvocate and is reprinted here by permission. 

Image: Screenshot via YouTube

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‘I Feel a Little Bit Dumber for What You Say’: The Nine Worst Moments of the GOP Presidential Debate

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8 hours ago

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September 27, 2023

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The second Republican presidential debate was mired in in-fighting and personal attacks by the candidates,  a vow to wage physical war against Mexico, hate against LGBTQ people, an insistence the U.S. Constitution doesn’t actually mean what the words on the page say, and a fight over curtains.

Here are nine of the worst moments from Wednesday night’s debate.

The debate itself got off to a rough start right from the beginning.

Multiple times candidate cross-talk made it impossible for anyone to make a point, like this moment when nearly half the candidates talked over each other during a nearly two minute segment as the moderators struggled to take control.

READ MORE: ‘I Don’t Think So’: As GOP Debate Kicks Off Trump Teases Out the Chances of Any Candidate Becoming His Running Mate

Vivek Ramasway got into a heated argument with Nikki Haley, leading the former Trump UN Ambassador to tell him, “Honestly, every time I hear you, I feel a little bit dumber for what you say.”


Ramaswamy launched an attack on transgender children.

Moments after Ramaswamy attacked transgender children, so did Mike Pence, calling supporting transgender children’s rights “crazy.”

He promised “a federal ban on transgender chemical or surgical surgery anywhere in the country,” and said: “We’ve got to protect our kids from this radical gender ideology agenda.”

Former New Jersey Governor Cris Christie described the First Lady of the United States, Dr. Jill Biden, who has dedicated her life to teaching, as the person President Biden is “sleeping with.”

South Carolina Senator Tim Scott and former South Carolina Governor Nikki Haley, as CNN’s Manu Raju noted were “one-time allies,” after “Haley appointed Scott to his Senate seat,” until they started “going at it at [the] debate.”

“Talk about someone who has never seen a federal dollar she doesn’t like,” Scott charged. “Bring it, Tim,” Haley replied before they got into a fight about curtains.

Senator Scott declared, “Black families survived slavery, we survived poll taxes and literacy tests, we survived discrimination being woven into the laws of our country. What was hard to survive was [President] Johnson’s Great Society, where they decided to take the Black father out of the household to get a check in the mail.”

Florida Governor Ron DeSantis, currently leading over everyone on stage, said practically nothing for the first 15 minutes. He may have said the least of all the candidates on stage Wednesday night. But he denounced Donald Trump for being “missing in action.”

Watch all the videos above or at this link.

 

 

 

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‘I Don’t Think So’: As GOP Debate Kicks Off Trump Teases Out the Chances of Any Candidate Becoming His Running Mate

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9 hours ago

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September 27, 2023

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Donald Trump, again refusing to participate in a GOP debate, teased out the fate of every candidate on stage Wednesday night: he will choose none of them as his vice presidential running mate.

The ex-president who is facing 91 felony charges in four criminal cases across three jurisdictions and is now also facing the dissolution of his business empire, brought up the running mate question around the same time the debate on Fox News was kicking off.

“It’s all over television, this speech,” Trump falsely claimed, referring to his live remarks at a non-union shop one day after President Joe Biden stood on the picket line with UAW workers.

READ MORE: ‘Apparently You’ll Never Believe Us’: House Republican Melts Down After Reporter Questions His ‘Evidence’ Against Biden

“You know, we’re competing with the job candidates,” Trump said, mocking his fellow Republican presidential candidates after he scheduled an event opposite the debate he refused to attend.

“They’re all running for a job,” he continued, as the audience began to boo.

“They want to be in the, they’ll do anything,” he continued. “Secretary of something.”

“They even say VP, I don’t know,” Trump said. “Does anybody see any VP in the group? I don’t think so.”

Watch below or at this link.

READ MORE: ‘Careening’ Toward ‘Risk of Political Violence’: Experts Sound Alarm After Trump Floats Executing His Former General

 

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‘Apparently You’ll Never Believe Us’: House Republican Melts Down After Reporter Questions His ‘Evidence’ Against Biden

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13 hours ago

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September 27, 2023

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Ways and Means Committee Chairman Jason Smith (R-MO) became defensive and accusatory after repeatedly being unable to answer a reporter’s questions in a press conference Wednesday, held to announce what House Republicans claim is “evidence” against President Joe Biden.

A shortened version of the video posted by the news organization Heartland Signal went viral, garnering nearly one million views in under three hours on the social media platform X.

“Mr. Chairman, question about the timing of all of this,” began an NBC News reporter identified by Mediaite as Ryan Nobles. “You’re talking about a two-tiered system of justice. If I’m not mistaken, on August 7, 2020 Bill Barr was the attorney general and Donald Trump was the president, so explain to me where the two-tiered system of justice comes into play. And then the WhatsApp message you have, I believe, is dated June 6, 2017. Joe Biden is not vice president or even a candidate for president at that time. So where is the direct connection to some sort of criminal malfeasance within these two pieces of evidence?”

RELATED: ‘Everybody Has Seen That’: Fox News Host Smacks Down Republican Pushing Biden ‘Burismo’ Video People ‘Not Talking About’

Chairman Smith could not only not answer any part of those questions, he appeared to forget a portion of them.

“Well, I think the facts speak for themselves,” Smith replied. “There’s over 700 pages of examples of, where people should be very concerned, when you’re talking about um, ah, – what was your first question?”

Smith went on to say, “It doesn’t matter who’s in the White House,” after being reminded them President at that time was Donald Trump. “We need to make sure that the Department of Justice works for all people and doesn’t treat those who are politically connected or wealthy much differently. And unfortunately, we have several examples that came forward by the two IRS whistleblowers, that proves that people are treated differently because they’re politically connected.”

“Are you suggesting that Joe Biden being the president now, is unfairly treating Donald Trump in his indictment?” Nobles asked.

Again, Smith did not answer the question.

“What I’m talking about is the 700 pages that we have before us, which is all the information that came from the IRS whistleblowers, and that’s what we’re releasing right now,” Smith replied, again not answering Nobles’ question. “And I’ll tell you, I would encourage everyone in this room to look at those 700 pages. If you think it’s okay, with what’s in it, then we live on two different planets.”

RELATED: ‘You F**ked Me – I Know It Was You’: Top House Republican ‘Exploded’ at McCarthy After Losing Chairmanship

“Can you explain the timing of the August 6 WhatsApp message? Why is that evidence of some wrongdoing?” Nobles continued..

“I’m not an expert on the timeline,” Smith admitted, before pivoting to say, “I would love to have President Biden and his family to tell us about all the timelines, because it’s really, really unfortunate that we see so many meetings and so many phone calls that involved around official activity that the Vice President has been participating in, and then big sums of money follows later –”

“But he’s not the president or the vice president at that time. Where, where’s the wrongdoing? He wasn’t even a candidate for president,” Nobles pointed out.

“He was a candidate – ” Smith claimed.

“On August 6 –” Nobles began before Smith interrupted him.

“So apparently apparent – what source are you with?” Chairman Smith asked Noble.

“I’m with NBC,” the reporter replied.

“So apparently, you’ll never believe us,” Smith charged.

“I’m asking you a very direct question,” Nobles explained. “You presented a piece of evidence that you say came on August 6, 2017, that demonstrates that Joe Biden was using political influence to help his son. He wasn’t a political figure at that time. The first WhatsApp message you put up, where yo talk about the brand,” Nobles explained. “I’m completely open minded about this. I’m asking you specifically, how does that demonstrate that there was some sort of political influence being put over him, if at that time, he is not a political – he’s not an elected official?”

“I’m definitely not going to pinpoint one item,” Chairman Smith said defensively.

READ MORE: ‘Jaw Dropping’: Democratic Senator Slams Tuberville’s ‘Open’ Talk About ‘White Supremacy’

“You presented it!” Nobles acclaimed. “It was the first thing that you brought up.”

“So apparently, you don’t agree with that. So report that you disagree with it. I’ll take the next question. Yes?” Smith said, refusing to answer any of Nobles’ questions.

Watch below or at this link.

 

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