The “bathroom” portion of the law addresses what the Justice Department says is a “non-existent problem” by prohibiting trans people from using public restrooms that correspond to their gender identity.
Justice sued North Carolina earlier this year, alleging that HB 2 violates federal nondiscrimination laws, including Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Violence Against Women Act.
In the Tuesday motion in one of several lawsuits over HB 2, the Justice Department asked for “a preliminary injunction enjoining Defendants from complying with or implementing Section 1.3 of North Carolina Session Law 2016-3, House Bill 2”…
In the Justice Department filing, the lawyers filed a 70-page memorandum of law explaining their legal reasoning for seeking the injunction. Primarily, the lawyers note that a recent ruling from the 4th Circuit Court of Appeals – the court that hears appeals out of North Carolina – “establishes the United States’ strong likelihood of success under Title IX.” The lawyers went on to argue that the “controlling logic” of that case – G.G. v. Gloucester County School Board — and the “growing consensus” among other courts suggests the same should be true of the Title VII and VAWA claims. In addition, they note, VAWA explicitly covers gender identity-based discrimination.
“Excluding transgender men and women from bathroom and changing facilities consistent with their gender identity causes significant and irreparable physical, psychological, economic, social, and stigmatic harm to transgender people,” Justice Department lawyers wrote in the motion.
The filing came on the same day that Hillary Clinton and Donald Trump visited North Carolina for campaign events. While Clinton did not address HB2, Trump told reporters that he supports HB2 while nonetheless claiming to be “better for the gay community.” Trump has come under fire for claiming at the rally for saying that Saddam Hussein “did good” by killing terrorists.
— K.M. O'Sullivan (@KellyMOSullivan) July 6, 2016
Watch the Trump rally in Raleigh, North Carolina yesterday.