North Carolina will sue the federal government to keep their bathroom bill.

North Carolina will sue the federal government to keep their bathroom bill. May 9, 2016

Last week the Justice Department sent a letter to Gov. Pat McCrory of North Carolina insisting that the state’s bathroom law (insisting that transgender people must use the bathroom of their biological sex) violated the Civil Rights Act.  They gave him until today to respond:

It’s deadline day for North Carolina Gov. Pat McCrory.

The U.S. Justice Department sent his office a letter Wednesday claiming that the state’s bathroom law is in violation of the Civil Rights Act.

They gave the Republican leader until the end of the business day Monday to respond with a solution to “remedy the situation.”

The law bans individuals from using public bathrooms that do not correspond to their biological sex.

McCrory says what he chooses to do at that deadline goes beyond the Tar Heel state — it will affect the majority of Americans.

Welp, today McCrory responded.  North Carolina will be suing the federal government over this law:

North Carolina Gov. Pat McCrory is going to court in a fight for a state law that limits protections for lesbian, gay, bisexual and transgender people. McCrory is leading a lawsuit filed Monday seeking to keep in place the law the U.S. Justice Department said last week violated the civil rights of transgender people. The Justice Department had set a deadline of Monday for McCrory to report whether he would refuse to enforce the last that took effect in March.

I honestly have no idea which way this one will go in the courts.  I will contact some legal experts and update the post as I hear back.

Major changes to the law like this shouldn’t take public opinion into account, but the reality is that they do.  As Andrew Seidel once told me, the Supreme Court isn’t very bold in their rulings.  He said the image many legal experts like to use is of a quarterback getting tackled and then piled on by the rest of the defense.  The Supreme Court, in this comparison, is the last member of the defense jumping on top of the pile and taking credit for making the play.

I mean, just look at when the SCOTUS finally came around on same-sex marriage — right after public sentiment came to favor it.  Right now gay rights are becoming largely supported by the public, so they’re pretty safe in courtrooms.  However, the public remains split on the bathroom issue:

Americans aged 18 to 29 favor letting transgender people use the restroom of their identity by a 2-to-1 ratio. Among Americans aged 60 or more, the ratio was 2-to-1 in reverse with people saying restroom use should be mandated by the gender on one’s birth certificate.

But the future is bright, since the young are the future.  But as for right now my initial assessment is that it’s up in the air.

Let’s just hope North Carolina will be represented by the Liberty Counsel.


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