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North Carolina and Justice Department set for legal battle over 'bathroom bill' North Carolina and Justice Department set for legal battle over 'bathroom bill'
(about 1 hour later)
North Carolina and the federal government prepared for a legal showdown on Monday in the ongoing battle over bathrooms and civil rights for LGBT people in the state. North Carolina and the federal government mustered for a legal showdown on Monday, in the battle over bathrooms and civil rights for LGBT people in the state.
The state filed a lawsuit in the morning, claiming federal intervention was a “baseless and blatant overreach” of its power, and disputed the federal interpretation of civil rights laws.The state filed a lawsuit in the morning, claiming federal intervention was a “baseless and blatant overreach” of its power, and disputed the federal interpretation of civil rights laws.
The suit came hours before a deadline the US Justice Department has set for North Carolina’s Republican governor, Pat McCrory, to scrap the law, which bans transgender people from using bathrooms that do not match the gender on their birth certificates. The suit came hours before a US justice department deadline for North Carolina’s Republican governor, Pat McCrory, to scrap the law, which bans transgender people from using bathrooms that do not match the gender on their birth certificates.
After the suit’s filing, the US attorney general, Loretta Lynch, fired back, saying she planned to announce a “law enforcement action related to North Carolina” on Monday afternoon. After the filing of the suit, US attorney general Loretta Lynch fired back, saying she planned to announce a “law enforcement action related to North Carolina” at 3.30pm on Monday.
The fight over House Bill 2 has torn North Carolina’s population, which is evenly split between conservatives and liberals. Earlier, McCrory, a Republican, gave a brief public address on the subject.
“Our position all along has been that HB2 should be repealed. We’ve heard from our customers and clients on this, and the consensus is that it would be better if it were repealed,” Larry Di Rita, a spokesman for Bank of America, told the Guardian on Monday afternoon. The bank is one of the largest and most powerful companies in North Carolina. “The US government gave us a mere three business days,” he said, calling the question of bathroom rights “a new, complex and emotional issue of how to balance the expectations of privacy and equality”.
He specifically levelled charges at Barack Obama, for overreaching executive power in “setting bathroom and locker room policies”. Instead, he said: “We believe a court, rather than a federal agency, should tell us.”
McCrory spoke as the federal government’s deadline slipped past. Asked about possible repercussions, the governor’s general counsel, Bob Stephens, said: “Well, we’ll see. But this is our response. So we’ve met the deadline.”
The fight over House Bill 2 has divided North Carolina’s population, which is evenly split between conservatives and liberals.
“Our position all along has been that HB2 should be repealed,” Larry Di Rita, a spokesman for Bank of America, told the Guardian on Monday afternoon. The bank is one of the largest and most powerful companies in North Carolina.
“We’ve heard from our customers and clients on this, and the consensus is that it would be better if it were repealed.
“We had encouraged a dialogue between local and state governments, but now it seems it will have to be resolved at the federal level.”“We had encouraged a dialogue between local and state governments, but now it seems it will have to be resolved at the federal level.”
McCrory was set to address the media at 1pm. Lynch’s announcement was set for 3.30pm. In its complaint, the state wrote: “This is an attempt to unilaterally rewrite long-established federal civil rights laws.
“This is an attempt to unilaterally rewrite long-established federal civil rights laws,” the state wrote in its complaint. “The overwhelming weight of legal authority,” the lawsuit argues, “recognizes that transgender status is not a protected class under Title VII.”
Meanwhile the American Civil Liberties Union of Mississippi has filed suit against that state over a law that will allow workers to cite their own religious objections to same-sex marriage to deny services to people. McCrory and other state officials have been under pressure since the justice department warned last week that the law passed in March violates civil rights protections against sex discrimination on the job and in education for lesbian, gay, bisexual and transgender people.
McCrory faced a deadline on Monday to declare whether the state would enforce the law, which the Justice Department had threatened to sue over. The state’s suit seeks to keep the law in place. North Carolina’s defiance could put funding at risk for the state’s university system and lead to a protracted legal battle. A federal lawsuit against the state is possible, the justice department said.
“The overwhelming weight of legal authority,” McCrory’s lawsuit argues, “recognizes that transgender status is not a protected class under Title VII.”
McCrory and other state officials have been under pressure since the Justice Department warned last week that the law passed in March violates civil rights protections against sex discrimination on the job and in education for lesbian, gay, bisexual and transgender people.
North Carolina’s defiance could risk funding for the state’s university system and lead to a protracted legal battle.
Related: How to use a urinal like a lady: a trans woman's rebel tour of North CarolinaRelated: How to use a urinal like a lady: a trans woman's rebel tour of North Carolina
In letters, federal attorneys concentrated on provisions requiring transgender people to use public restrooms that correspond to their biological sex. A federal lawsuit against the state is possible, the Justice Department said. “It’s the federal government being a bully. It’s making law,” McCrory said on Fox News Sunday. The justice department was “trying to define gender identity, and there is no clear identification or definition of gender identity”.
“It’s the federal government being a bully. It’s making law,” McCrory said on Fox News Sunday. The Justice Department was “trying to define gender identity, and there is no clear identification or definition of gender identity”. Earlier this week McCrory said “I’m looking at all my options” on how the state could respond. McCrory has called the law a commonsense measure, designed to protect the privacy of people who use bathrooms and locker rooms and expect all people inside the facilities to be of the same gender. On Sunday, McCrory said he was not aware of any North Carolina cases of transgender people using their gender identity to access a restroom and molest someone, a fear frequently cited by the law’s supporters as the main reason for its passage.
McCrory has called the law a commonsense measure. He said it was designed to protect the privacy of people who use bathrooms and locker rooms and expect all people inside the facilities to be of the same gender. McCrory said on Sunday he was not aware of any North Carolina cases of transgender people using their gender identity to access a restroom and molest someone, a fear frequently cited by the law’s supporters as the main reason for its passage. While McCrory agreed that the justice department could warn of consequences if North Carolina established separate bathrooms for white and black people, he said the agency had gone too far in contending that transgender people enjoy similar civil rights protections.
While McCrory agreed that the Justice Department could warn of consequences if North Carolina established separate bathrooms for white and black people, the governor said the agency had gone too far in contending that transgender people enjoy similar civil rights protections. “We can definitely define the race of people. It’s very hard to define transgender or gender identity,” he said. He added that he had made a request for more time to respond to the justice department but that was denied.
“We can definitely define the race of people. It’s very hard to define transgender or gender identity,” he said. He added that he had made a request for more time to respond to the Justice Department but that was denied. The governor has become the public face of the law, which has been the subject of fierce criticism by gay rights groups, corporate executives and entertainers. North Carolina has already paid a price, with some businesses scaling back investments in the state and associations canceling conventions.
The governor has become the public face of the law, called House Bill 2, which has been the subject of fierce criticism by gay rights groups, corporate executives and entertainers demanding that the law be repealed. North Carolina has already paid a price for the law, with some business scaling back investments in the state and associations cancelling conventions.
The 17-campus University of North Carolina system risks losing more than $1.4bn in federal funds if it does not comply. Another $800m in federally backed loans for students who attend the public universities also would be at risk if it is found that enforcing the law violates Title IX of the Civil Rights Act, which bars discrimination based on sex.The 17-campus University of North Carolina system risks losing more than $1.4bn in federal funds if it does not comply. Another $800m in federally backed loans for students who attend the public universities also would be at risk if it is found that enforcing the law violates Title IX of the Civil Rights Act, which bars discrimination based on sex.
Related: NAACP to appeal North Carolina judge's ruling on 'discriminatory' voting lawRelated: NAACP to appeal North Carolina judge's ruling on 'discriminatory' voting law
The letter to McCrory said the law also violates Title VII, which bars employment discrimination. The justice department’s letter to McCrory said the law also violates Title VII, which bars employment discrimination.
Repealing the law would satisfy the attorneys, but Republican lawmakers who run the general assembly had no plans to do so before Monday. Republican lawmakers who run the general assembly have no plans to repeal the law.
The senate leader, Phil Berger of Eden, said last week that he is frustrated because “we have a federal administration that is so determined to push a radical social agenda that they would threaten” federal funding. “I just think the people should be frustrated and people should be angry.” The senate leader, Phil Berger of Eden, said last week he was frustrated because “we have a federal administration that is so determined to push a radical social agenda that they would threaten” federal funding. “I just think the people should be frustrated and people should be angry.”
Margaret Spellings, the president of the University of North Carolina, has said that while the university system is obligated to follow the law, it did not endorse the law. Spellings said later she hoped legislators would change the law, which could discourage promising faculty and students from coming to system campuses. McCrory said the system’s governing board would not get together until Tuesday to discuss the issue. Margaret Spellings, president of the University of North Carolina, has said that while the university system is obligated to follow the law, it does not endorse it. Spellings said later she hoped legislators would change the law, which could discourage promising faculty and students from coming to system campuses. McCrory said the system’s governing board would not get together until Tuesday.
Civil liberties groups and several individuals have sued to challenge the law, which also prevents local governments from passing rules giving protections to LGBT people while using public accommodations such as restaurants and stores. The state law was designed to block an ordinance by the city council in Charlotte, where lawmakers tried to enact anti-discrimination protections for LGBT people. The law also prevents local governments from passing rules giving protections to LGBT people while using public accommodations such as restaurants and stores. It was designed to block an ordinance by the city council in Charlotte, where lawmakers tried to enact anti-discrimination protections for LGBT people.
Meanwhile in Jackson, Mississippi, the ACLU filed suit against the state in the US district court over House Bill 1523, which was passed by the Republican-majority legislature and signed by the GOP governor, Phil Bryant, and is set to become law on 1 July.Meanwhile in Jackson, Mississippi, the ACLU filed suit against the state in the US district court over House Bill 1523, which was passed by the Republican-majority legislature and signed by the GOP governor, Phil Bryant, and is set to become law on 1 July.
The suit was filed in response to last summer’s supreme court ruling that effectively legalized same-sex marriage nationwide. The suit was filed in response to last summer’s supreme court ruling that legalized same-sex marriage nationwide.
Supporters say the law – which allows workers to cite their own religious objections to same-sex marriage to deny services – will protect people’s religious belief that marriage should only be between a man and a woman. Opponents say it violates the equal-protection guarantee of the constitution.Supporters say the law – which allows workers to cite their own religious objections to same-sex marriage to deny services – will protect people’s religious belief that marriage should only be between a man and a woman. Opponents say it violates the equal-protection guarantee of the constitution.
The Associated Press contributed to this reportThe Associated Press contributed to this report