Federal Judge Rules UNC Can't Enforce Unjust HB2 Potty Provisions

Had more good news for transkind happen on Friday when we got an unexpected HB2 ruling in North Carolina that went our way.

US District Judge Thomas Schroeder (GW Bush appointee) issued a surprising 83 page ruling in our favor and in favor of the three trans plaintiffs that filed a lawsuit challenging Hate Bill 2's anti-trans provisions as violations of Title IX.

Judge Schroeder granted a temporary injunction against the University of North Carolina's attempt to enforce HB 2 against trans Tarheel students and a trans UNC employee that he unfortunately said only applies to the three plaintiffs in the case.

The Carcano v McCrory case goes to trial in November, and in what has to be additional bad news for the North Carolina GOP transphobes, Judge Schroeder stated he expects that the plaintiffs will succeed in proving their claim that  HB 2 is a violation of the Title IX law that bars sex discrimination in schools.

"Today is a great day for me and hopefully this is the start to chipping away at the injustice of HB 2 that is harming thousands of other transgender people who call North Carolina home," said Joaquin Carcano, the lead plaintiffs in this case in a statement released by the ACLU.

"Today, the tightness I have felt in my chest every day since HB 2 passed has eased.  But the fight is not over: we will not rest until this discriminatory law is defeated," Carcano added.  

But evil never sleeps, and the right-wing hatemongers and GOP trans oppressors who passed Hate Bill 2  are determined to continue the fight to oppress trans people as their latest brief they filed in the Carcano case suggests.

However, Judge Schroeder is still reserving judgment on the other parts of their claim that he will make a final ruling on in November.

And FYI, in the 4th Circuit, despite the unjust ruling that came out of Wichita Falls last week by another GW Bush appointee, the positive ruling made in April in the Grimm v Gloucester County case at the 4th Circuit appeals level is the controlling precedent.

I'm also cautiously optimistic after reading the opinion Judge Schroeder issued and this money quote that grabbed my attention:

Defendants argue that separating facility users by biological sex serves prophylactically to avoid the opportunity for sexual predators to prey on persons in vulnerable places. However, the individual transgender Plaintiffs have used facilities corresponding with their gender identity for over a year without posing a safety threat to anyone … Moreover, on the current record, there is no evidence that transgender individuals overall are any more likely to engage in predatory behaviors than other segments of the population. In light of this, there is little reason to believe that allowing the individual transgender Plaintiffs to use partitioned, multiple occupancy bathrooms corresponding with their gender identities, as well as UNC to seek to accommodate use of similar showers and changing facilities, will pose any threat to public safety, which will continue to be protected by the sustained validity of peeping, indecent exposure, and trespass laws. And although Defendants argue that a preliminary injunction will thwart enforcement of such safety laws by allowing non-transgender predators to exploit the opportunity to cross-dress and prey on others ...,the unrefuted evidence in the current record suggests that jurisdictions that have adopted accommodating bathroom access policies have not observed subsequent increases in crime …

We'll see if this is exactly what happens in a few months, but if it does, it's music to my ears and music to the ears of the ACLU, ACLU-NC, Lambda Legal, Equality North Carolina and the Department of Justice, who has also filed their own lawsuit seeking to strike down HB2.

Vanita Gupta's Remarks On The NC HB 2 Federal Countersuit

After US Attorney General Loretta Lynch made her eloquent remarks body slamming HB 2 and telling the trans community the DOJ and the Obama Administration had their backs, Vanita Gupta, the head of the Civil Rights Division of the DOJ spoke.

And yes, Trans World, her remarks deserve just as much attention as AG Lynch, since it's discussing and explaining the basis for the upcoming lawsuit.

So here's Gupta's May 9 remarks concerning the lawsuit filed by the DOJ against the state of North Carolina, Gov Pat McCrory, the North Carolina Department of Public Safety and the University of North Carolina against the unjust HB 2.. .

***

Thank you, Attorney General [Loretta E.] Lynch, for those powerful words.  Throughout the arc of our country’s history – from tragedies of injustice to marches for equality – there have been pivotal moments when America’s leaders chose to stand up and speak out to safeguard the ideal of equal justice under law.  And history will record your inspiring words and our forceful action today as one of these moments. 

I also want to take a moment to thank the entire team throughout the Civil Rights Division and the Department of Justice, who have worked tirelessly over the last several weeks to ensure that everyone in North Carolina has the full protections of our laws.

Today, we filed a federal civil rights complaint in federal court in the Middle District of North Carolina.  Before I discuss the details of our legal argument, I want to make one thing clear.  Calling H.B. 2 a “bathroom bill” trivializes what this is really about.  H.B. 2 translates into discrimination in the real world.  The complaint we filed today speaks to public employees who feel afraid and stigmatized on the job.  It speaks to students who feel like their campus treats them differently because of who they are.  It speaks to sports fans who feel forced to choose between their gender identity and their identity as a Tar Heel.  And it speaks to all of us who have ever been made to feel inferior – like somehow we just don’t belong in our community, like somehow we just don’t fit in.  Let me reassure every transgender individual, right here in America, that you belong just as you are.  You are supported.  And you are protected.       

Our complaint brings legal claims under three different civil rights statutes.  Two of these statutes are long-standing protections against discrimination in the employment and education contexts: Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972.  It is fitting that these statutes – which emerged from our nation’s long struggle to banish a legacy of legal discrimination – are now being used to defend, to uphold and to reaffirm the progress that resulted from that struggle; progress that represents America at its best, at its brightest and at its strongest.        

Title IX and Title VII prohibit discrimination based on sex.  The Department of Justice has for some time now made clear that sex discrimination includes discrimination against transgender people – that is, discrimination based on gender identity.  That is consistent not only with the language of the statutes, but also with the legal interpretations adopted by federal courts – including the appellate court with jurisdiction over the state of North Carolina.  There is nothing radical or even particularly unusual about the notion that the word “sex” includes the concept of “gender.”  Transgender people are discriminated against because their gender identity does not match the sex they were assigned at birth.  H.B. 2 denies transgender people something that all non-transgender people enjoy and take for granted: access to restrooms consistent with their gender identity.  That’s sex discrimination, plain and simple.  This view is only confirmed when proponents of measures like H.B. 2 misinterpret or make up facts about gender identity.  Here are the facts.  Transgender men are men – they live, work and study as men.  Transgender women are women – they live, work and study as women.

Our Title VII claim is brought against the state and governor of North Carolina, the North Carolina Department of Public Safety and the University of North Carolina because of sex discrimination in employment.  Our Title IX claim is brought against the University of North Carolina because of sex discrimination in its education programs.

We also bring a claim under the Violence Against Women Act, or VAWA, 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 accepted federal funds under VAWA – including UNC and the North Carolina Department of Public Safety – pledged that they would not discriminate on the basis of sex or gender identity.  Our complaint seeks to enforce that pledge and hold those entities accountable for the discrimination required by H.B. 2.

Even as we seek that compliance, we remain committed to working with any agency receiving federal funding to develop a plan to ensure their compliance with federal law.

For the reasons I just highlighted, H.B. 2 violates the law.  But H.B. 2 also threatens the values that define us as a people.  These values are timeless.  These values say to all people that you can be who you are, and you deserve to live with dignity.

The complaint filed today seeks to enforce these laws and protect these values.  At this time, the Attorney General and I would be happy to answer any questions you may have.

***

AG Loretta Lynch Drops The Legal Hammer On NC

"Let me also speak directly to the transgender community itself.  Some of you have lived freely for decades.  Others of you are still wondering how you can possibly live the lives you were born to lead.  But no matter how isolated or scared you may feel today, the Department of Justice and the entire Obama Administration wants you to know that  we see you; we stand with you; and we will do everything we can to protect you going forward.  Please know that history is on your side.  This country was founded on a promise of equal rights for all, and we have always managed to move closer to that promise, little by little, one day at a time.  It may not be easy – but we’ll get there together. "
--US Attorney General Loretta Lynch, May 9, 2016

In response to North Carolina filing a federal lawsuit today to defend their unjust Hate Bill 2 and Gov. Wallace Pat McCrory's laughable claim they are being 'bullied' by the federal government, US Attorney General Loretta Lynch dropped the legal hammer on North Carolina by counter-suing them and emphatically making it clear that the DOJ and the Obama Administration stood with the transgender community in this human rights fight. it.

Here's the link to the full text of the original remarks as prepared for delivery and the video..

***

Good afternoon and thank you all for being here.  Today, I’m joined by [Vanita] Gupta, head of the Civil Rights Division at the Department of Justice.  We are here to announce a significant law enforcement action regarding North Carolina’s Public Facilities Privacy & Security Act, also known as House Bill 2.  

The North Carolina General Assembly passed House Bill 2 in special session on March 23 of this year.  The bill sought to strike down an anti-discrimination provision in a recently-passed Charlotte, North Carolina, ordinance, as well as to require transgender people in public agencies to use the bathrooms consistent with their sex as noted at birth, rather than the bathrooms that fit their gender identity.  The bill was signed into law that same day.  In so doing, the legislature and the governor placed North Carolina in direct opposition to federal laws prohibiting discrimination on the basis of sex and gender identity.  More to the point, they created state-sponsored discrimination against transgender individuals, who simply seek to engage in the most private of functions in a place of safety and security – a right taken for granted by most of us.  

Last week, our Civil Rights Division notified state officials that House Bill 2 violates federal civil rights laws.  We asked that they certify by the end of the day today that they would not comply with or implement House Bill 2’s restriction on restroom access.  An extension was requested by North Carolina and was under active consideration.  But instead of replying to our offer or providing a certification, this morning, the state of North Carolina and its governor chose to respond by suing the Department of Justice.  As a result of their decisions, we are now moving forward. 

Today, we are filing a federal civil rights lawsuit against the state of North Carolina, Governor Pat McCrory, the North Carolina Department of Public Safety and the University of North Carolina.  We are seeking a court order declaring House Bill 2’s restroom restriction impermissibly discriminatory, as well as a statewide bar on its enforcement.  While the lawsuit currently seeks declaratory relief, I want to note that we retain the option of curtailing federal funding to the North Carolina Department of Public Safety and the University of North Carolina as this case proceeds.

This action is about a great deal more than just bathrooms.  This is about the dignity and respect we accord our fellow citizens and the laws that we, as a people and as a country, have enacted to protect them – indeed, to protect all of us.  And it’s about the founding ideals that have led this country – haltingly but inexorably – in the direction of fairness, inclusion and equality for all Americans.

This is not the first time that we have seen discriminatory responses to historic moments of progress for our nation.  We saw it in the Jim Crow laws that followed the Emancipation Proclamation.  We saw it in fierce and widespread resistance to Brown v. Board of Education.  And we saw it in the proliferation of state bans on same-sex unions intended to stifle any hope that gay and lesbian Americans might one day be afforded the right to marry.  That right, of course, is now recognized as a guarantee embedded in our Constitution, and in the wake of that historic triumph, we have seen bill after bill in state after state taking aim at the LGBT community.  Some of these responses reflect a recognizably human fear of the unknown, and a discomfort with the uncertainty of change.  But this is not a time to act out of fear.  This is a time to summon our national virtues of inclusivity, diversity, compassion and open-mindedness.  What we must not do – what we must never do – is turn on our neighbors, our family members, our fellow Americans, for something they cannot control, and deny what makes them human.  This is why none of us can stand by when a state enters the business of legislating identity and insists that a person pretend to be something they are not, or invents a problem that doesn’t exist as a pretext for discrimination and harassment.

Let me speak now to the people of the great state, the beautiful state, my state of North Carolina.  You’ve been told that this law protects vulnerable populations from harm – but that just is not the case.  Instead, what this law does is inflict further indignity on a population that has already suffered far more than its fair share.  This law provides no benefit to society – all it does is harm innocent Americans. 

Instead of turning away from our neighbors, our friends, our colleagues, let us instead learn from our history and avoid repeating the mistakes of our past.  Let us reflect on the obvious but often neglected lesson that state-sanctioned discrimination never looks good in hindsight.  It was not so very long ago that states, including North Carolina, had signs above restrooms, water fountains and on public accommodations keeping people out based upon a distinction without a difference.  We have moved beyond those dark days, but not without pain and suffering and an ongoing fight to keep moving forward.  Let us write a different story this time.  Let us not act out of fear and misunderstanding, but out of the values of inclusion, diversity and regard for all that make our country great. 

Let me also speak directly to the transgender community itself.  Some of you have lived freely for decades.  Others of you are still wondering how you can possibly live the lives you were born to lead.  But no matter how isolated or scared you may feel today, the Department of Justice and the entire Obama Administration wants you to know that  we see you; we stand with you; and we will do everything we can to protect you going forward.  Please know that history is on your side.  This country was founded on a promise of equal rights for all, and we have always managed to move closer to that promise, little by little, one day at a time.  It may not be easy – but we’ll get there together. 

I want to thank my colleagues in the Civil Rights Division who have devoted many hours to this case so far, and who will devote many more to seeing it through.  At this time, I’d like to turn things over to Vanita Gupta, whose determined leadership on this and so many other issues has been essential to the Justice Department’s work.. 
***
Thank you Attorney General Lynch, the DOJ and the Obama Administration, which has once again proven they are the undisputed champs when it comes to advocating for trans human rights.

This is more concrete evidence of elections mattering and who you vote for being more important than ideological purity.  Do you actually think we would have gotten this type of unequivocal defense of our humanity and human rights from a Romney or Trump administration AG?

Hell no.  It's why voting for the Democratic presidential nominee, whoever she is and Democratic candidates up and down the ballot will be critical to continued progress on trans human rights issues.

NC Facing Monday Deadline To Repeal HB 2

Got another wonderful birthday present on Wednesday when the US Department of Justice finally dropped the hammer on  North Carolina by declaring in a letter sent to NC Governor Pat McCrory (R) that the unjust HB 2 was in violation of Title VII of the Civil Rights Act of 1964 and Title IX.  

A letter was also sent yesterday by the DOJ to Margaret Spellings, the new president of the University of North Carolina,  W. Louis Bissette, the Chairman of the UNC Board of Governors, and Thomas Shanahan, the Senior Vice President and Senior Counsel for UNC.   Spellings indicated that UNC would comply with the unjust HB 2.

Title VII of the Civil Rights Act bars employment discrimination, and Title IX bars education discrimination based on sex..  Recent EEOC and federal court rulings have affirmed that 'sex' included transgender people.

That repudiation of HB2 by the Department of Justice puts billions of federal funds in question, and the DOJ gave the state until Monday to 'confirm that the state will not comply with or implement HB 2'.

“The letter confirms what we’ve already known – that HB2 is deeply discriminatory, violates federal civil rights law, and needs to be repealed as soon as possible,” said Rep. Chris Sgro, a Democrat who is also the  executive director of Equality NC. “We’ve already lost $500 million in economic impact, and now we are violating federal civil rights law and risking Title IX funding.”

North Carolina public schools received $861 billion in federal funds for the 2015-16 school year, and the 17 campus University of North Carolina system received $1.4 billion in 2014-15.

That funding is in jeopardy if NC state legislators continue to refuse to comply with US law..

Read more here: http://www.charlotteobserver.com/news/politics-government/article75601912.html#storylink=cpy

Hate Bill 2, as it was dubbed by NC NAACP head the Rev. Dr. William Barber II, was hastily passed in 12 hours by the GOP controlled legislature in response to Charlotte passing a trans inclusive human rights law.

Republican officials are defiantly saying they will not comply with the DOJ deadline, claiming that 'they need more time' to respond to the letter, but their transphobic azzes proposed and blitzed through the legislature and Gov McCrory signed HB 2 in 12 hours.

We'll see what happens Monday.

AG Holder Comments On GOP Witch Hunt Vote

The Fast and Furious conservascandal contempt vote took place on the conservafool controlled House Thursday afternoon after more than 100 Democrats walked out in protest.  

Here's Attorney General Eric Holder's statement concerning the sham vote pursued by Rep. Darrell Issa (R-CA) and conservafriends.

***

“Today’s vote is the regrettable culmination of what became a misguided – and politically motivated – investigation during an election year.   By advancing it over the past year and a half, Congressman Issa and others have focused on politics over public safety.   Instead of trying to correct the problems that led to a series of flawed law enforcement operations, and instead of helping us find ways to better protect the brave law enforcement officers, like Agent Brian Terry, who keep us safe – they have led us to this unnecessary and unwarranted outcome.

 

“During this time, the men and women of the Department of Justice – and I – have remained focused on what should and must be our government’s top priority: protecting the American people.

 

“When concerns about Operation Fast and Furious first came to light, I took action – and ordered an independent investigation into what happened.   We learned that the flawed tactics used in this operation began in the previous administration – but I made sure that they ended under this one.   I also made sure that agents and prosecutors around the country knew that such tactics must never be used again.   I put in place new policies, new safeguards, and new leadership to make certain of this – and took extraordinary steps to facilitate robust congressional oversight.   Let me be very clear – that was my response to Operation Fast and Furious.   Any suggestion to the contrary simply ignores the facts.

 

“I had hoped that Congressional leaders would be good-faith partners in this work.   Some have.   Others, however, have devoted their time and attention to making reckless charges – unsupported by fact – and to advancing truly absurd conspiracy theories.   Unfortunately, these same members of Congress were nowhere to be found when the Justice Department and others invited them to help look for real solutions to the terrible problem of violence on both sides of our Southwest Border.   That’s tragic, and it’s irresponsible.  The problem of drugs and weapons trafficking across this border is a real and significant public safety threat – and it deserves the attention of every leader in Washington.

 

“In the face of these and other challenges, the Justice Department has continued to move forward in fulfilling its critical law enforcement responsibilities. Whether it is with regard to prosecuting financial and health care fraud, achieving a record mortgage settlement, taking aggressive action in protecting the most vulnerable among us, or challenging proposed voting changes and redistricting maps that could disenfranchise millions of voters – this Department of Justice has not been afraid to act.

 

“Some of these enforcement decisions were not politically popular and help to explain the action taken today by the House.   As Attorney General, I do not look to do that which is politically expedient – on behalf of the American people whom I am privileged to serve, I seek justice.  

 

“In recent weeks, the Justice Department secured its seventh conviction in the most serious terrorist plot our nation has faced since 9/11.   And just two days ago, the Department awarded more than $100 million in grants to save or create law enforcement jobs, including more than 600 jobs for recent veterans.  

 

“This is the kind of work that leaders in Washington should be striving together to advance.   At a time when so many Americans are in need of our help, I refuse to be deterred from it.   And I will not let election-year politics and gamesmanship stand in the way of continued progress.  

 

“Today’s vote may make for good political theater in the minds of some, but it is – at base – both a crass effort and a grave disservice to the American people.   They expect – and deserve – far better.

 

“As a result of the action taken today by the House, an unnecessary court conflict will ensue.   My efforts to resolve this matter short of such a battle were rebuffed by Congressman Issa and his supporters.  It’s clear that they were not interested in bringing an end to this dispute or obtaining the information they claimed to seek.  Ultimately, their goal was the vote that – with the help of special interests – they now have engineered.

 

“Whatever the path that this matter will now follow, it will not distract me or the men and women of the Department of Justice from the important tasks that are our responsibility.   A great deal of work for the American people remains to be done – I’m getting back to it.   I suggest that those who orchestrated today’s vote do the same."