By M.H. Cavanaugh
Christian Action League
November 26, 2015
RALEIGH – In a letter dated November 21st, Governor Pat McCrory called upon North Carolina’s Attorney General, Roy Cooper, to sign on to a South Carolina Amicus Brief in the case of G.G. v. Gloucester County School Board.
The case, which was filed in Virginia, involves a transgender female who identifies as a male and is suing the local school board to force the school system to allow the student to use male locker rooms and restrooms. The American Civil Liberties Union (ACLU) is behind the suit, and the Obama administration has filed a friend-of-the-court brief supporting it.
The challenge, if successful, could affect every state in the 4th Circuit, which includes North Carolina.
McCrory’s letter to Cooper states:
“In this case, the Obama administration has joined with the ACLU in an attempt to force local school districts to open sex-specific student locker rooms and bathrooms to individuals that are not of that biological sex. This extreme position directly contradicts the express language of federal law and threatens local control of our schools. It also disregards the safety and privacy concerns of parents. The Obama Administration has already informed school authorities in North Carolina and around the country of this directive and is threatening resistant schools with legal action and loss of federal funding.
“This federal overreach is unacceptable and unnecessary. It must be stopped before our state’s schools are impacted. North Carolina schools are already capable of working with students struggling with gender identity in a compassionate manner to accommodate their needs while preserving the rights of students and parents. A decision favoring the Obama Administration in the Fourth Circuit would be binding precedent on North Carolina federal courts. It would remove local districts’ flexibility and force the federal government’s extreme views on all of our schools.”
Cooper’s office has replied that he would not sign onto South Carolina’s Amicus Brief and accused the Governor of politicizing the situation. Cooper is running to unseat McCrory in 2016.
On Tuesday, McCrory said he would proceed without Cooper’s assistance as Attorney General, which will require the Governor to secure legal counsel outside of the AG’s office at additional taxpayer expense.
However, the Governor defended his action, arguing in a news release, “North Carolina parents deserve certainty about who is entering their children’s bathrooms and locker rooms at our public schools, and students must be confident that their privacy and well-being will be respected. Transgender identity is a complex issue and is best handled with reason and compassion at the local level, instead of mandates being forced on the people by Washington and the Obama administration.”
Senate President Pro-Tempore, Sen. Phil Berger agreed and also issued the following statement:
“Governor McCrory is right: the concerns of transgender students can be easily accommodated without forcing children and teenagers to use shared dual-sex locker rooms and bathrooms. This is political correctness run amok, and it’s a shame Roy Cooper is pandering to the political extremes of his base instead of putting student safety and common sense first.”
Similar cases are on the docket in other states.
In Chicago, a boy is demanding his school treat him as a female since he identifies as such. The Obama Administration has filed suit under Title IX, claiming that the Chicago School Board is violating the student’s civil rights by not allowing him to use the facilities for females.
The student was offered separate dressing areas to address his needs but to no avail. His legal counsel is still demanding he be treated as a girl despite the fact that he is biologically a boy.
In Boulder, Colorado, a parent has filed suit to force the school board in their district to teach kids about transgenderism as early as second grade. Her child has “gender fluid” issues and believes the schools must be forced to act.
Dr. Mark Creech, executive director of the Christian Action League, said that he appreciated Governor McCrory’s defense of our state’s public schools from a policy that betrays common sense and is nothing less than asinine.
“What the Governor is doing is this case is a good thing,” said Dr. Creech. “But I am still concerned that Governor’s across the country, including our own, don’t understand this kind of nonsense will continue unabated until there is constitutional resistance to federal overreach and abuses by federal courts. The constitution is not simply what the federal courts say it is,” he said.
“Sixty-five legal experts of incredibly high repute, with the American Principles Project recently issued a statement calling on all state and federal office holders to resist the erroneous same-sex marriage ruling by the U.S. Supreme Court. What they were calling for is constitutional resistance. We need to understand a few on the left are going to continue their assault on the rights of the many through the courts until a Governor has the courage to stand up to this tyranny and refuse to recognize their rulings as binding. Otherwise, they will just keep using the courts to push their agenda over on all of us until it tears this country to pieces and completely destroys our Republic,” said Dr. Creech.
South Carolina’s deadline for signing onto their Amicus Brief ended Wednesday at 12:00 noon.