Obama Department of Justice Demands Repeal of North Carolina’s HB 2
By M.H. Cavanaugh
Christian Action League
May 6, 2016
RALEIGH – Wednesday, Governor Pat McCrory and the state’s legislative leadership received a letter from the Obama Justice Department (DOJ), arguing that “as a result of compliance with and implementation of North Carolina House Bill 2 (HB 2), the state is “in violation of Title VII of the Civil Rights Act of 1964,” and is “engaging in a pattern or practice of resistance to the full enjoyment of Title VII rights by transgender employees of public agencies.”
The letter also claims that HB 2, known as North Carolina Public Facilities and Security Act, is in violation of Title IX of the Education Amendments of 1972 and the “Violence Against Women Reauthorization Act of 2013.
Signed by Vanita Gupta, Principal Deputy Assistant to Attorney General, Loretta Lynch, the letter gives the Governor until the end of the day, Monday, May 9th, to inform the DOJ whether the state will surrender to its demands. The letter threatens to withhold federal educational funding for North Carolina if HB 2 is not repealed.
HB 2 was enacted after the North Carolina General Assembly called for a special session to deal with a Charlotte ordinance that opened women’s public bathrooms, locker rooms, and showers to men. The Queen City ordinance also allowed government to interfere into private businesses and churches by forcing them to promote ideas and participate in events which conflicted with their peacefully expressed beliefs. The new law overrode the Charlotte ordinance and declared cities may not adopt policies regarding wages, employment and public accommodations that are not reflected in state law.
North Carolina leaders responded to the DOJ letter, rightly accusing the Obama Administration of gross government overreach.
Speaker Tim Moore said on Wednesday the Obama Administration was wrongly interpreting Title VII and Title IX and its versions “would radically change all universally accepted protections of privacy and safety that are based on the anatomical differences between the sexes.”
The Administration, Moore added, “continues to circumvent the will of the electorate and instead unilaterally exerts its extreme agenda on the people directly through executive orders, radical interpretations of well-settled common-sense laws and through the federal court system.”
Senate Pro-Tempore, Phil Berger, said the letter by Gupta demonstrated “a gross overreach…that deserves to be struck down in federal court.” He also quoted Fourth Circuit Justice Paul Niemeyer, who recently said in his dissent of G.G. v. Gloucester County School Board:
“This unprecedented holding overrules custom, culture, and the very demands inherent in human nature for privacy and safety, which the separation of such facilities is designed to protect. More particularly, it also misconstrues the clear language of Title IX and its regulations. And finally, it reaches an unworkable and illogical result.”
Lieutenant Governor, Dan Forest released a statement that indicated his indignation, writing:
“To use our children and their education futures as pawns to advance an agenda that will ultimately open those same children up to exploitation at the hands of sexual predators is by far, the sickest example of the depths of the Obama Administration will stoop to ‘fundamentally transform our nation.’”
At an event with business leaders in Raleigh, the Governor said the letter by the DOJ was “something we’ve never seen regarding Washington overreach in my lifetime.”
McCrory said that this makes the issue about more than North Carolina, but “impacts every state, every university and almost every employee in the United States.” He said it could mean that all will have to comply “with new definitions of requirements by the federal government regarding restrooms, locker rooms and shower facilities in both the private and public sector.”
Dr. Mark Creech, executive director of the Christian Action League, released a statement to the Press, explaining:
“The Administration has taken it upon itself to declare that ‘sex’ in Title VII and Title IX includes ‘sexual orientation’ and ‘gender identity.’ This interpretation goes far beyond the language adopted and intended by Congress. Nevertheless, the Great Pontiff of Political Correctness (Obama) holds the educational futures of our state’s children hostage, while dangling the money bags of federal funds over their heads, demanding in exchange North Carolina bow to the madness of obliterating male and female distinctives – something foundational to every society in human history.
“If this doesn’t make people righteously indignant, then our culture has lost any capacity for real moral outrage. We deserve exactly what we’ll get – confusion and chaos. Either truth is something evidential and verifiable or it’s purely subjective and determined wholly in the eye of the beholder.
“It is imperative the Governor and state lawmakers remain strong and fight the advancement of this misguided agenda. No federal law, approved by the people’s Representatives in Congress requires North Carolina comply with the Obama Administration’s demands.”
According to the Raleigh News and Observer the U.S. Department of Transportation (DOT) and Housing and Urban Development (HUD) say that they are also reviewing HB 2.
Dr. Creech concluded that nefarious influences have their cross-hairs on North Carolina, but he added that the target is really the nation – the world.
“The object is to turn nature itself on its head – to replace God’s order with man’s own subjective reality. One may as well be kicking against the Wall of China in hopes of toppling it. The Bible says God created them ‘male and female.’ We cannot escape or redefine this with impunity. No matter what happens, these influences will never indefinitely stand, but each of us would be derelict in our duty if we failed to fight them in the city, in the legislature, or in the courts. The carnage it will leave on every human level, emotionally, spiritually, mentally, and physically, will be atomic. North Carolina desperately needs to win this battle. Let every Christian do his part by earnestly praying for those in authority every day. And may we stand firmly behind those who stand for the truth,” said Dr. Creech.