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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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Maria Bartiromo and Stephen Miller Panic Over Voting Rights Putting Democrats in Charge ‘Forever’

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Fox News host Maria Bartiromo and former Trump administration official Stephen Miller worried over the weekend that Democrats will be in charge “forever” if voting rights are expanded or protected.

During an interview on Bartiromo’s Sunday morning program, the Fox News host accused social media platforms of inflicting “cancel culture” on conservative voices.

Miller argued that Republicans should pass laws protecting Chrisitians on social media as soon as the party regains control of government.

“Yeah, will Republicans have the chance?” Bartiromo agreed. “That’s the whole point of H.R. 1, Nancy Pelosi wanting to put this bill through so that Democrats are in charge forever or certainly decades. Your thoughts on election integrity and that Democrat [sic] H.R. 1 bill.”

“It’s a real sign of the threat to the health of our democracy,” Miller opined. “When democracy faces risk, when democracy is imperiled, what you see happening instead is the party in power tries to change the rules of the game structurally to stay in power.”

Miller argued that the voting rights bill is “a very dangerous path to go down.”

“H.R. 1 is saying, now that we’re in power, let’s fundamentally change the rules of how elections are conducted to stay in power,” he continued.

“Unbelievable,” Bartiromo gasped.

“That’s a very scary thing,” Miller said. “And so if you care about democracy, you should all say with one voice, no, it is the right of every state in this union to set their own election rules as desired by their own citizens to protect the security and integrity of their own elections. That’s fundamental!”

“It’s all quite extraordinary,” Bartiromo lamented.

Watch the video below from Fox News.

 

 

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Pompeo, Huckabee, Benham Brothers Top List of New ‘Fellows’ as Liberty University Rebrands Culture War Arm

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Liberty University’s Standing for Freedom Center—until recently known as the Falkirk Center—announced its new class of fellows Thursday, making it clear that the organization may have a new name but it has not abandoned its purpose of promoting the religious right’s “biblical worldview” in culture and public policy. The new fellows are former Secretary of State Mike Pompeo, former Arkansas Governor and failed presidential candidate Mike Huckabee, anti-abortion rights activist Abby Johnson, and brother anti-LGBTQ culture warrior duo David and Jason Benham.

Earlier this year, the university ditched the Falkirk name, presumably to distance the center from its disgraced co-founder and former president, Jerry Falwell, Jr. It has also said goodbye to its earlier crop of fellows, which included Falkirk Center co-founder Charlie Kirk, president of right-wing youth organization Turning Point USA; Jenna Ellis, a Trump attorney who now hosts her own TV show, unironically called “Just the Truth”; pundit, conspiracy theorist, and so-called Stop the Steal activist Eric Metaxas; and Steve Bannon acolyte and former White House aide Sebastian Gorka.

Executive Director Ryan Helfenbein remains in place. As Right Wing Watch noted in December, when the center celebrated its first anniversary, Helfenbein touted the organization’s aggressive posture, saying, “We don’t just want to be an organization that barks; we want to be an organization that bites.” The center bragged that it had “consistently encouraged churches and pastors to defy” pandemic-related “lockdown orders.” Among the center’s first-year accomplishments was “Get Louder,” a “faith summit” held last September, which included Christian Reconstructionist Gary DeMar on a panel moderated by Metaxas.

The Standing for Freedom Center’s new fellows have the credentials one would expect for a religious-right center that aims to bite:

Mike Pompeo used his position as secretary of state to promote the religious right’s agenda at home and abroad. He created the Commission on Unalienable Rights—which has been repudiated by the Biden administration—to create justification for a narrow view of human rights in U.S. foreign policy.  As secretary of state, Pompeo  opened doors in other countries for a Bible study ministry that teaches public officials that the Bible requires them to back right-wing social, economic, environmental, and criminal justice policies. Pompeo and Health and Human Services Secretary Alex Azar worked to create a new global “pro-family” coalition of anti-LGBTQ and anti-choice regimes and to celebrate governmental enforcement of “traditional” religious values on gender, sexuality, and family. Pompeo is a longtime religious-right favorite who, as a member of Congress, promoted Christian nationalism and associated with anti-Muslim activists. Axios reported this week that Pompeo is “pouring money” into a new PAC called Champion American Values in apparent preparation for a 2024 presidential run.  Update: “Former Secretary of State Mike Pompeo violated federal ethics rules governing the use of taxpayer-funded resources when he and his wife, Susan, asked State Department employees to carry out tasks for their personal benefit more than 100 times, a government watchdog has determined,” Politico reported Friday. 

Mike Huckabee, who ran for the Republican presidential nomination in 2008 and 2016, has remained active in religious-right politics since turning to punditry after his failed 2016 campaign. The former Arkansas governor is the honorary chairman of the religious-right get-out-the-vote operation My Faith Votes, which was active in the 2020 elections, including the Georgia Senate runoffs. Huckabee spoke at the Falkirk “Get Louder” summit last year and appeared on an Intercessors for America call in September, where he warned that if conservative Christians didn’t turn out to vote, the government would force churches to shut down. He also appeared in “Trump 2024: The World After Trump,” a religious-right “documentary” that promoted Trump’s reelection. Last year, Huckabee said, “Redefining gender and sexual identity is the ‘greatest threat’ to the moral fiber of America,” and blamed the existence of transgender people on Christian churches’ failure to teach a “biblical standard of maleness and femaleness.” Huckabee has railed against the Supreme Court’s marriage equality ruling and has claimed that the president could criminalize abortion without a Supreme Court decision or constitutional amendment. Huckabee’s daughter, former Trump White House press secretary Sarah Huckabee Sanders, is running to follow in her father’s footsteps and become the next governor of Arkansas.

Abby Johnson is an anti-abortion rights activist who spoke at the 2020 Republican National Convention and participated in the so-called Stop the Steal campaign to overturn the results of the 2020 presidential election. Johnson has become a religious-right superstar with her disputed story—dramatized in the movie “Unplanned”—about having worked for Planned Parenthood before having an epiphany about abortion. The day before the Jan. 6 Capitol insurrection, Johnson spoke at the D.C. rally at which Stop the Steal’s Ali Alexander led cheers of “Victory or Death!” Johnson told the crowd she was there “to defend the most pro-life president we have ever had in the history of the United States.” She said that she is tired of “compromise,” which she said “has led to our houses of worship being unconstitutionally closed for months and months.” In her speech at the Jan. 5 rally, she shamed American Christians for not doing more to shut down clinics that perform abortions, saying, “It is time, patriots, to stop worrying about offending your neighbor and start worrying offending the heart of God.” She also targeted COVID-19 vaccine research, saying, “Shame on us for accepting and peddling vaccines that were produced on the back of aborted babies.” And she exhorted, “It’s time to rise up. It is time to fight back. It is time to be bold. Enough! Enough of these cowardly leaders!” Johnson once said it would be “smart” for police to racially profile her adopted biracial son because “statistically, my brown son is more likely to commit a violent offense over my white sons.”

David and Jason Benham. The Benham brothers became religious-right folk heroes and martyrs to “political correctness” in 2014 when HGTV canceled plans for a television show starring the duo after Right Wing Watch and others reported on their anti-LGBTQ activities. The brothers, who have repeatedly portrayed the “homosexual agenda” as aligned with Satan, were actively involved in pushing anti-LGBTQ legislation in North Carolina in 2016; they had earlier called for the Charlotte city government to deny permits for LGBTQ pride events and organized an anti-gay prayer rally when the Democratic National Convention was held there.  The brothers are also active opponents of reproductive choice. In 2017, a month before they appeared at the Values Voter Summit—not for the first time—they said that hurricanes striking the U.S. were a warning for the country to repent for “breaching the boundaries of God” on gender, sexuality, and marriage. That summer, they declared, “Discrimination against gay people simply does not exist.” Earlier that year, the pair said they would skip the Super Bowl halftime show featuring Lady Gaga, warning, “The vine of Sodom has pierced and penetrated our nation at one of the biggest sporting events of the year.” The Benhams initially backed Sen. Ted Cruz for president in 2016 and joined a campaign advisory council that recommended that a President Cruz roll back federal job protections for LGBTQ people. In 2015, David Benham spoke at the supposedly “nonpolitical” prayer rally organized by Christian nationalist political operative David Lane and railed against the LGBTQ movement and the church for not doing enough to stop it.

In other news, on Thursday, Liberty sued Falwell for $10 million, alleging that he “withheld scandalous and potentially damaging information from Liberty’s board of trustees while negotiating a generous new contract for himself in 2019 under false pretenses,” the New York Times reported. The lawsuit also alleges that Falwell failed to disclose his “personal impairment by alcohol.”

 

This article was originally published by Right Wing Watch and is republished here by permission.

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Watch: Thugs Destroy Memorial for Daunte Wright: ‘We Could Have Done Worse’

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At least four people destroyed a Los Angeles makeshift memorial for Daunte Wright, the 20-year old Black man fatally shot by a white police officer, Kim Potter, in Brooklyn Center, Minnesota.

This appears to be the memorial, part of a vigil, before it was destroyed.

In a series of videos posted online the perpetrators, at least one masked, can be seen removing signs, grabbing flowers, and blowing out candles.

A woman off camera confronts them, and is told, “We could have done worse.”

By the time the incident is over, there is broken glass all over the sidewalk and the area is in shambles.

The identities of the people who destroyed the memorial, or any affiliation they may have, have not been confirmed.

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