McCrory sues Feds, asks courts to determine if HB2 discriminates

Gov. Pat McCrory has fired back at the federal government over HB2, filing a lawsuit that asks a federal court to clarify whether the controversial new law discriminates against transgender people as the U.S. Justice Department contends.

The governor has a Monday deadline to respond to the Justice Department’s discrimination claim. Instead, McCrory’s attorneys sued the U.S. Justice Department in federal court, seeking a court to overturn federal prosecutor’s assertion last week that HB2 violates Title IX of the Civil Rights Act as well as the Violence Against Women Act.

The law, which was passed by the General Assembly after the city of Charlotte extended LGBT protections, including a provision that allowed transgendered people the right to use the bathroom with which they identified. The resulting firestorm over HB2 has cost the state hundreds of new jobs, concerts and other events and made North Carolina a target of international criticism.

In a statement issued Monday following the filing of his lawsuit, McCrory accused the administration of President Barack Obama of making up federal law in finding HB2 discriminatory.

“The Obama administration is bypassing Congress by attempting to rewrite the law and set restroom policies for public and private employers across the country, not just North Carolina,” the Charlotte Republican said. “This is now a national issue that applies to every state and it needs to be resolved at the federal level. They are now telling every government agency and every company that employs more than 15 people that men should be allowed to use a women’s locker room, restroom or shower facility.”

The law is already the target of a federal lawsuit filed by the American Civil Liberties Union and other groups. HB2’s provision that limits transgender bathroom usage to the sex of an individual’s birth risks the loss of billions in federal dollars flowing into the state, the groups said last week in a joint statement.

“It is now clearer than ever that this discriminatory law violates civil rights protections and jeopardizes billions of dollars in federal funds for North Carolina. Governor McCrory and the legislators who forced through HB 2 in a single day were warned about these dire consequences, but they ignored the law and the North Carolinians it would harm and passed the bill anyway. The only way to reverse the ongoing damage HB 2 is causing to North Carolina’s people, economy, and reputation is a full repeal.”