The Associated Press is reporting on a new lawsuit, filed today, which only allows persons to use bathrooms that are associated with the sex on their birth certificate.
The law, which is being spun by activists and the media as being “transphobic”, is designed to protect women and children from persons who would use the law for nefarious purposes.
The Justice Department injected itself into the controversy last week when it sent a letter to the governor saying that it viewed the law as being a violation of federal Civil Rights Act protections that bar workplace discrimination based on sex.
"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" of their rights, the letter accused.
It went on to threaten to deny millions of dollars of funding to state universities if the governor did not agree to rescind the law.
Joseph Backholm, director of the Family Policy Institute of Washington, called the Justice Department’s threat the stuff of playground bullies.
“Bullies gonna bully,” Mr. Backholm told the Washington Examiner. “The idea that the federal government is going to stop education for children because they let boys into the girls’ locker room while they’re undressing? The public will not stand for that.”
He went on to explain that the government’s cased was based on a skewed interpretation of Title IX in which it is trying to say that wording in the law which prohibits “sex” discrimination, such as in denying women equal opportunity, is based on “gender identity” .
It is “completely inconsistent with any rational concept of the rule of law” and undermines the democratic process, Blackholm said.
Governor McCrory’s office previously noted as much, saying that the law, known as HB2, does not violate Title IX or put federal education dollars at risk.
A federal appeals court has already ruled in favor of the government’s argument, after a lower court rejected the argument, but their reasoning is not expected to be universally adopted by courts who are confronted with the same legal issues in relation to Title IX.
The matter now heads to the courts.
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