North Carolina Gov. Pat McCrory on Monday sued the federal government, contending that the Obama administration's interpretation of a 1964 law not only is a vastly mistaken "overreach" but it also is a "bullying" of the state, which is exercising its constitutional authority to run its own affairs.
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The Department of Justice had threatened the state last week because of the recently adopted state law that provides that people in the state must use the restrooms of the gender on their driver's license.
The issue arose as part of the Obama administration's push for normalizing transgenderism across America. One city, Charlotte, adopted a rule requiring that transgenders would be allowed to use whatever restroom with which they identity, but the state then stepped in to overrule that, setting a standard across the state.
It provides for protections for women and children in locker rooms that they would not be confronted by a man exposing himself, or something similar in restrooms. It also provides for transgenders, that when they complete their physical reassignment surgery and have their sex changed on their birth certificates, they are to use the restroom that is designated for that sex.
That argument presumes Congress, in 1964, wanted men to be allowed to use women's restrooms and locker rooms and vice versa, which is ridiculous, contends Kellie Fiedorek, a legal counsel for the Alliance Defending Freedom, which specializes in civil and religious rights.
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"North Carolina's bathroom privacy law, HB2, fully complies with federal law," Fiedorek said.
"It's absurd to assert, as the Department of Justice does, that by placing the word 'sex' in federal nondiscrimination laws, Congress intended to force states to open their restrooms to people of the opposite biological sex," Fiedorek continued. "Gov. McCrory and the state of North Carolina are fulfilling their duty to protect the privacy rights of their citizens.
In a news conference Monday, McCrory called on Congress to shed some light on what non-discrimination law in America should be.
"Our nation is one nation, especially when it comes to fighting discrimination," he said. "It's time for Congress to bring clarity."
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"Right now, the Obama administration is bypassing Congress in attempting to rewrite the laws, and set basic restroom policies, locker room policies, and even shower room policies."
At Fox News, commenters ripped into the federal government.
"Where are MY CIVIL RIGHTS! I feel violated," wrote one of the commenters, all anonymous.
"So if a nutcase identifies as a cat does a government office or private business have to provide a litter box?" wrote another.
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"Never in my life did I think that the central government would think they have the power to mandate guidelines for the bathrooms of private businesses. There needs to be a major reversal of the power of the states," wrote one.
"Thankfully, NC has someone with a brain running the state that says 'no' to these liberal miscreants."
"Why do liberals want to trample the rights of millions of REAL women and girls for the desires of a few confused ones?"
"The department’s position is a baseless and blatant overreach," the suit in federal court in the Eastern District of North Carolina says. "This is an attempt to unilaterally rewrite long-established federal civil rights laws in a manner that is wholly inconsistent with the intent of Congress and disregards decades of statutory interpretation by the courts."
The governor was on "Fox News Sunday" over the weekend and called the federal government a "bully."
And he warned the federal government is breaking new ground by claiming the North Carolina law violates Civil Rights Act protections against discrimination in education and the workplace -- nationwide.
"This is not just North Carolina," he said.
Attorney General Loretta Lynch later in the day tried to catch up with North Carolina, announcing a civil-rights action against the state over the law.
"We are now moving forward," she said.
Conservative commentator Pat Buchanan immediately called her actions "ridiculous."
"That a grown man has a right to use a girls bathroom or girls locker room is ridiculous," he said. He said it equally is ridiculous to think that the 1964 Civil Rights Act applies to the issue.
"The minority that is griping about it should simply deal with it," Buchanan said.
Lynch said her office filed a civil-rights against against the state, claiming its law creates discrimination.
She attributed to the founding ideals of the nation the need to promote transgenderism.
"Transgenders, we stand with you," she promised.
She declined to address the fears of women and children who may, under the law, be confronted by a nude male in in their locker room or shower, or something worse in a restroom.
Radio host Rush Limbaugh chimed in on the legal actions, saying, "The solution here might be that the North Carolina governor could say that we don't identify as North Carolina anymore, and therefore your lawsuit against us is irrelevant. We're not North Carolina. We don't identify that way."
WND had reported earlier that Lt. Gov. Dan Forest was defending the move.
Widely known now as House Bill 2, or HB 2, the legislation was approved 82-26 in the North Carolina General Assembly. State senators approved it 32-0, although 11 Democrats decided not to vote and another six lawmakers were absent. Republican Gov. Pat McCrory signed the bill on March 25.
Forest said the city of Charlotte left lawmakers no choice but to act.
"This isn't something the General Assembly brought up. The city council in Charlotte brought this up, against legal counsel's advice and against the advice of a lot of folks. They went beyond their constitutional authority and tried to create a public accommodation law in the city of Charlotte," Forest told WND and Radio America.
He continued, "That is expressly a responsibility of the state. The city of Charlotte and municipalities don't have the legal authority, based on our constitution, to establish public accommodation law."
In addition to overstepping its legal authority, Forest said the Charlotte council pursued a very troubling policy.
"The Charlotte ordinance said that the business community had to comply with this ordinance," Forest explained. "They said it was sex discrimination to have men's room and women's room labels on your doors."
When state officials started hearing from sexual assault victims, the effort to reverse the Charlotte ordinance picked up far more steam.
"We have had multiple calls from women who had been sexually abused in a bathroom in a facility like that, who were literally being traumatized by even the thought of that going into law in North Carolina," Forest said. "We stepped up to address it because it was going to go into effect and become the law in Charlotte on April 1. That's why we had to go into special session."
Listen to the WND/Radio America interview with Lt. Gov. Dan Forest:
North Carolina's action said Title VII, which the DOJ claimed the state violates, doesn't even recognize transgender status as a protected class.
"If the United States desires a new protected class under Title VII, it must seek such action by the United States Congress."
In a statement, McCrory said, "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. They are now tulling 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 facilities."
WND reported only a few days ago that the transgender agenda is building up steam under Obama's leadership.
The following headlines attest to that:
- "Transgender man gives birth"
- "Children aged three get transgender therapy"
- "Caitlyn Jenner to pose for Sports Illustrated wearing only an 'American flag and her Olympic medal'"
In its arguments, the Obama Justice Department has essentially told every state that the privacy rights of their citizens are secondary to the desires of a handful of people who want to use gender-segregated public facilities according to their "perceived gender."
Bathrooms on the brain
The Obama administration's move to open bathrooms and ignore biology even drew a satirical video from the the Family Research Council in which a narrator pointed out: "So … while ISIS is infiltrating America … President Obama seems confused about human biology. While Russia taunts our military … President Obama is fighting for men to access to women's locker rooms. While Iran and North Korea fire ballistic missiles … President Obama is demanding grown men have the right to use women's bathrooms.
"Who knows what’s next? President Obama could issue an executive order wiping out single gendered bathrooms in national parks … or in federal buildings … or tell the TSA to stop requiring those who fly to declare their biological sex. It's absurd."
The American College of Pediatricians has warned of the danger of allowing children to "impersonate" the opposite sex.
"A person’s belief that he or she is something they are not is, at best, a sign of confused thinking," the group said. "Conditioning children into believing a lifetime of chemical and surgical impersonation of the opposite sex is normal and healthful is child abuse."
WND columnist Jane Orient, M.C., asserted pushing boys into girls locker rooms is an idea based on "seriously flawed assumptions."
"In fact, the science cannot be clearer. There are two sexes. Leaving aside rare conditions such as congenital adrenal hyperplasia, this is absolutely plain at birth, and not a matter of arbitrary 'assignment.' A person with a Y chromosome is through-and-through male in every cell in his body. If 'Caitlyn' Jenner's skeleton is dug up a few hundred years from now, it will unequivocally be identified as male.
"Second, they both assume that it is possible to convert a male into a female and that doctors are helping a patient affirm his true identity by so doing," she wrote.
"In fact, it is possible for a male to become a eunuch or female impersonator, but he will never be able to be somebody's natural mother. And what do we do to a boy to try to make him appear female? Do we have any information about the long-term effects of female hormones starting in childhood? Maybe we will eventually, if we follow today's experimental subjects – who are too young to consent and are likely not having the possible consequences spelled out. If castrated, they will lose forever the prospect of having natural offspring. And what will genital surgery do to urinary continence? How will hormones affect their risk of breast cancer? What about blood clots and strokes? And osteoporosis and fractures as they age? If adult athletes are forbidden to 'dope' with steroids, why is it acceptable for children?
"There are excellent reasons not to have boys and girls undressing in front of each other, and a transgender 'girl' is just a wedge. The real agenda is to further the sexual and cultural revolution: to undermine the family, to stigmatize the Christian faith and indeed all traditional morality, and to break down all resistance to a totalitarian state that dictates belief and behavior," she warned.