Social Bathroom Warriors To File Federal Lawsuit Against N.C. Transgendered Bathroom Law

28 Mar, 2016 by William Teach

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Yes, they are still super upset over the North Carolina law that requires people to use the bathroom of their physical sex

(WNCN) The American Civil Liberties Union, as well as other gay-rights advocates, will announce a federal lawsuit challenging HB2 after Gov. Pat McCrory signed the bill into law Wednesday night. (snip)

The new law requires public schools, colleges and government agencies to designate bathrooms for people based on their biological sex.

The ACLU, ACLU of North Carolina, Lambda Legal and Equality NC will hold a press conference Monday morning at 10 a.m. at the LGBT Canter of Raleigh.

Interestingly, that reads like a press release, does it not? We aren’t getting any more details from WRAL, the News and Observer, and many other NC news outlets. So, what’s it really about? I found this from WWAYTV, out of Wilmington, which is also in the gay on-line outlet Advocate

In their background on HB 2, the groups take aim at the legislation — which strikes down LGBT-inclusive municipal antidiscrimination ordinances and prohibits cities from adopting any new ones — for not only being discriminatory, but financially improper.

“The North Carolina General Assembly convened a $42,000 special session on Wednesday to pass into law a sweeping measure that prevents local governments in the state from extending nondiscrimination policies to LGBT people and requires restroom access in public facilities, including schools, based on birth assigned sex regardless of a person’s gender identity and lived gender. It also jeopardizes the more than $4.5 billion in federal funding that North Carolina receives for secondary and post-secondary schools under Title IX, which prohibits sex discrimination in educational institutions receiving Federal funding, including discrimination against transgender individuals.”

So, what’s the lawsuit about? Will it be over the requirement that people use the bathroom of their biological sex? I’m doubting that The People are going to side with biological males entering the bathroom, changing room, or shower with their underage daughters (and visa versa for their underage sons). Will it be about the State reiterating that it has primacy, and that cities and counties cannot pass laws that are out of line with State law? All 50 states have this, and, considering that liberals argued that the federal government has primacy over state law, as argued regarding Arizona’s illegal immigration law (and other state’s laws), they don’t have a leg to stand on.

What the ACLU most likely wants is to threaten to litigate this to death, forcing the NC General Assembly to vote to do away with the law. This is the ACLU’s M.O., threats of lawsuits to force compliance, basically, Lawfare.

Regardless of which they try to litigate, the law does have severability. But, seriously, this is what these people are worried about: a tiny minority of citizens who want to use the bathroom of the other biological sex, potentially exposing children to this deviancy. As Jacob Smith says in the comments at WRAL “Geez, What have we come to if a law requiring people to use a public bathroom matching their sex causes such a broohaha.” Yes, what indeed.

More: we find out from Buzzfeed where this suit is head

“By singling out LGBT people for disfavored treatment and explicitly writing discrimination against transgender people into state law, H.B. 2 violates the most basic guarantees of equal treatment and the U.S. Constitution,” the lawsuit argues.

The complaint argues the law violates people’s equal protection, privacy, and liberty rights under the Fourteenth Amendment to the U.S. Constitution and their civil rights under Title IX of the Education Act of 1972.

The lawsuit is asking for a declaratory judgment that the law violates the Constitution and Title IX and an injunction against enforcement of the law.

So, we’ve apparently come to the point where telling people they cannot use the bathroom of the opposite biological gender is discrimination and violates the 14th Amendment and stuff. The suit is going after both the bathrooms and the ability of States to say that state law trumps local law

This lawsuit challenges a sweeping North Carolina law, House Bill 2 (“H.B. 2”), which bans transgender people from accessing restrooms and other facilities consistent with their gender identity and blocks local governments from protecting lesbian, gay, bisexual, and transgender (“LGBT”) people against discrimination in a wide variety of settings. By singling out LGBT people for disfavored treatment and explicitly writing discrimination against transgender people into state law, H.B. 2 violates the most basic guarantees of equal treatment and the U.S. Constitution.

Yes, the ACLU and the others are having hissy fits over bathrooms. And, no, this is not similar to the fight for equal access to bathrooms by Blacks, as many idiotic liberals have argued. Black men were not allowed in men’s bathrooms set for White people, and Black women were not allowed in women’s bathrooms set for White people. That was wrong. And they were given their equal rights. This is about people who have a fantasy, for right or wrong, that they are the opposite sex and want to use the bathroom of a sex that they aren’t biologically. And, as Governor McCrory points out, HB2 doesn’t allow for discrimination against “transgenders”.

But, this all looks rather political and manufactured, as we go back to the Buzzfeed screed

The case was filed overnight in the U.S. District Court for the Middle District of North Carolina on behalf of Joaquín Carcaño, a transgender man who works at the University of North Carolina-Chapel Hill; Payton Grey McGarry, a transgender man who is a student at the University of North Carolina-Greensboro; and Angela Gilmore, a lesbian who is the associate dean for academic affairs at North Carolina Central University. Also named as plaintiffs are the ACLU of North Carolina and Equality North Carolina.

So, why is a lesbian part of the suit? She is not identified as a transgender: is she just wanting to use the men’s bathroom at will? What is her standing?

But, yeah, this is what Liberals are worried about. Not rising health costs, not diminished health care, not the threat from Islamic radicalism, not the collapse of the middle class, not the ever increasing portion of low wage jobs, nope, they are worried about bathroom access for deviants.

Crossed at Pirate’s Cove. Follow me on Twitter @WilliamTeach.