US government: North Carolina LGBT law violates civil rights
Source: Washington Post
RALEIGH, N.C. The U.S. Justice Department says a North Carolina law that limits protections to LGBT people violates federal civil rights laws.
The Obama Administration agency on Wednesday put North Carolina Gov. Pat McCrory on notice that that state officials must confirm by Monday that they will not comply with or implement the law called House Bill 2.
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Read more: https://www.washingtonpost.com/national/us-government-north-carolina-lgbt-law-violates-civil-rights/2016/05/04/ebeb3230-1235-11e6-a9b5-bf703a5a7191_story.html
herding cats
(19,569 posts)Thanks for posting! Hit them where it hurts, their pockets!
mnhtnbb
(31,421 posts)What a mess. The Legislature will not repeal their delightful little Hate Bill 2.
So, the taxpayers will end up funding the fight against the Feds. Cooper--the AG and Dem running against McCrory for Gov-- has already said
he won't defend it. That means state tax $$ will be paid to private attorneys to fight an unconstitutional
hate bill that the evangelical bigots couldn't wait to pass--requiring a special session.
I am so sick of Republicans.
Deuce
(959 posts)From link:
A letter from the Justice Department obtained by The Associated Press said the law violates Title IX of the Civil Rights Act, which bars discrimination in education based on sex. That could lead to North Carolina losing hundreds of millions of dollars in federal school funding.
SnakeEyes
(1,407 posts)They won't win this in court since it only bars discrimination based on sex and not also gender.
LynneSin
(95,337 posts)Who would have thought our country would find a new way to bring them back
elljay
(1,178 posts)I applaud this decision, but when will someone at the Justice Department care that we still do not have basic equal rights for jobs, housing, and adoption/child custody/ foster care in many states? A gay person in NC can marry, and a trans person soon, hopefully, will be able to use public restrooms, but they can be fired from their jobs and evicted from their apartments for exercising their rights.
Crash2Parties
(6,017 posts)Undoubtedly some of these current anti-LGBT cases - or all of them rolled into one - will go before the SCOTUS. So long as the GOP doesn't get to choose the next Justice (or two, or three, as the case may be). Up until now, the Court has been leery of granting LGBT people status as a suspect class because of lack of animus. The GOP has kindly resolved that omission. It is now highly likely (again, assuming the court isn't packed with conservative justices) that LGBT people will be granted that status and sexuality/gender identity will have a status equal to race. Or, ironically enough, a person's religious opinion. Because somehow that's the same as race, age and sex, right?
elljay
(1,178 posts)Let us hope that the stars all align in our favor.
SusanLarson
(284 posts)You don't realize how important this is. The Federal government is saying it defines sex in the civil rights act to include Sexual Orientation and Gender Identity, and not just genetic sex. This is inline with the interpretations of the EEOC, Department of Education, and the Federal Courts.
Title I
Barred unequal application of voter registration requirements.
Voting Rights Act, enacted one year later in 1965, that directly addressed and eliminated most voting qualifications beyond citizenship.
Title II
Outlawed discrimination based on race, color, religion or national origin in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining the term "private".[40]
Title III
Prohibited state and municipal governments from denying access to public facilities on grounds of race, color, religion or national origin.
Title IV
Encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to enforce said act.
Title V
Expanded the Civil Rights Commission established by the earlier Civil Rights Act of 1957 with additional powers, rules and procedures.
Title VI
Prevents discrimination by government agencies that receive federal funds. If an agency is found in violation of Title VI, that agency may lose its federal funding.
That is how important it is.
The next step is to move to add prohibitions of sex discrimination to all of the titles.
EEOC interprets and enforces Title VII's prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation. These protections apply regardless of any contrary state or local laws.
Through investigation, conciliation, and litigation of charges by individuals against private sector employers, as well as hearings and appeals for federal sector workers, the Commission has taken the position that existing sex discrimination provisions in Title VII protect lesbian, gay, bisexual, and transgender (LGBT) applicants and employees against employment bias. The Commission has obtained approximately $6.4 million in monetary relief for individuals, as well as numerous employer policy changes, in voluntary resolutions of LGBT discrimination charges under Title VII since data collection began in 2013. A growing number of court decisions have endorsed the Commission's interpretation of Title VII.
The courts back it because of what's known as Chevron Deference
One of the most important principals in administrative law, established by the Supreme Court in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). The case raised the issue of how courts should treat agency interpretations of statutes that mandated that agency to take some action. The Supreme Court held that courts should defer to agency interpretations of such statutes unless they are unreasonable.
retrowire
(10,345 posts)OR will they go the "WE'RE STANDING UP TO THE FEDERAL OVER REACHING!!!11"
Please, NC Republicans, stop.
valerief
(53,235 posts)Scurrilous
(38,687 posts)K & R