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

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 Right Wing News.

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16 Responses to “Social Bathroom Warriors To File Federal Lawsuit Against N.C. Transgendered Bathroom Law (Updated)”

  1. John says:

    The SJW ? Teach do you consider all those major companies like Google Apple Facebook to now be SJWs?
    NBA? NFL?
    Teach where do you think a person born make but now fully transgendered by surgery into a woman should shower ?
    This law is still another great GOP solution to a non existent problem
    Teach have you ever personally had this problem of say bearded dykes using the same facility as yourself? I haven’t.

  2. Dana says:

    John errs:

    Teach where do you think a person born (male) but now fully transgendered by surgery into a woman should shower ?

    There is no such thing as “a person born (male) but now fully transgendered by surgery into a woman.” Rather, such a person is a castrated male with a faux vagina; no amount of hormone treatment and surgery can transform a male into a female, or vice versa.

    Such a person would be biologically male, having the slightly different skeletal structure of a male, along with the chromosomes of a male. Further, he would have been brought up as a male, having all of his previous life experiences as a male, and been treated by everyone as a male. He’d never have had a period, never worried about getting pregnant, and had none of the experiences which girls have growing up. All of his ideas about what it meant to be female would have come from a male perspective, sort of like Bruce Jenner’s notion that to be female means to be like the Kardashians.

    We can have sympathy for people with mental illness, but having sympathy does not mean we should buy into their delusions.

  3. john says:

    OK Dana that person with the faux vagina, do you want that person in the shower with YOU?
    Do you want the female with the “fake” dick in the shower with your daughter?

    Do you want to be the one who checks the genitalia to see where they should shower?
    Will man boobs mean a disqualification ?
    Has ANYTHING like this been a problem in your own life? It has never been for me.

  4. Hank_M says:

    This shows how ludicrous and trivial the left has become. With all of the problems facing us, the left goes nuts about bathrooms.

    Why it’s almost as if they’re trying to distract everyone from how badly they’ve screwed up everything else.

    I suppose it’s only a matter of time until this stupid stupid subject is tied to global warming.

  5. Trish McNamara says:

    Personally, I think they should all be required to use the Handicapped bathrooms. Solves all the problems, and makes the most sense.

  6. Dana says:

    John, I want them to shower at home.

  7. Jeffery says:

    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.

    It’s probably just a conservative thing, but regular people can worry about more than one thing at a time.

    You’ve made a list of lies:

    Rising health costs? Yes, liberals are concerned.
    Health care availability? Yes, this too.
    Collapse of middle class? Yep.
    Low wage jobs? Of course, lots of concern.
    Terrorism? You bet.

    But being concerned is not enough. How can we make things better? The conservatives have only 3 arrows in their quiver: Cut taxes for the wealthy, cut regulations for corporations, and invade somebody. We’ve tried your approach for decades now, and things seem to be getting worse, not better.

    We know how to cut healthcare costs and improve availability. Every advanced nation on Earth (except the US) has done it.

    Can we help fix the middle class? Sure. Stop rewarding the wealthy with tax cuts and punishing the poor with tax increases. Stop shipping good jobs overseas. Improve access to higher education. Stop rewarding the political donor class with legislation that lines their pockets at the expense of workers. Stop rewarding the WalMarts for pushing their employees onto government assistance (SNAP and Medicaid). No one in the richest nation in the history of nations should work full-time and still require assistance to feed your children. Actually, just listen to Senator Sanders and stop listening to Rush.

    And terrorism? Still waiting to hear a conservative plan to feasibly reduce the number of terrorist attacks here in the US. So far, the ideas from Repubs are to ban all US Muslims; single out Muslims in schools, cities, airports etc for extra scrutiny; to carpet bomb Syria and to attack the families of terrorists. Any others? How about saturation nuclear bombing of Iran, Syria, Gaza, Pakistan, Afghanistan, Indonesia, Iraq, Yemen, Somalia, etc? Round up all Muslims in the US in put them in interment camps? Good ideas?

  8. Jeffery says:

    And did you see where the squish Republican Gov of Georgia, traitor to your cause, vetoed the anti-gay legislation there??? The voters elected extremist right-wingers who drew up perfectly oppressive laws and this Gov vetoed it, just because some corporate and media elites were critical.

    People collecting government paychecks will have to treat gay people as if they were people. The horror!

    http://www.huffingtonpost.com/entry/georgia-anti-gay-bill-veto_us_56f93d5de4b014d3fe237e2a?

  9. Jeffery says:

    john,

    Dana errs: He has delusions that he’s a Maker rather than a Taker. He Takes money from the taxpayers, Takes (pockets) some for himself, and uses some to Make concrete. It’s a nice racket if you can get it. Dana has clearly deluded himself, but we do not have to buy into his illness.

    The ACLU is pretty confident that a federal judge will halt the NC nonsense.

    NC legislators have plenty of time to worry about whether a person in a bathroom stall has a dick or not, when they should worry whether the football and basketball players at the state flagship university, UNC, have to actually attend class and write papers to stay eligible.

  10. Dana says:

    Jeffrey, at least I actually work for my money, as opposed to the welfare leeches you like.

    • John says:

      Well Dana nice to see that whatever work you do
      You do have enough time left over to post here in mid afternoon
      I post most often when my truck is being loaded

  11. Jeffery says:

    Dana,

    So it’s not government spending per se you object to, it’s just some of the people who receive taxpayer money. You think we taxpayers that support the likes of you should appreciate that you “work” for the money you Take, and we should appreciate the societal benefits derived from roads and bridges. In the same vein, some of us taxpayers also see societal benefits in NOT letting people starve and die on the streets (as you advocated).

    To me, disabled vets, the unemployed, retired folks, single moms receiving SNAP or housing benefits and college students are no more of a leech than you are. And each of them probably gouge a lot less out of the system than you do.

    How long have you been living off taxpayers? And now you’re going to retire and collect Social Security and Medicare after paying into that system with Other People’s Money over the decades!! That’s a great gig if you can get it!!

    We understand that you take pride in your ability to game the system and make a nice living off the taxpayers, but don’t think somehow you’re better than those who aren’t as cunning as you.

    Shouldn’t we privatize roadbuilding, having contractors build the roads and bridges and then charge the end users for using them? Isn’t that the way capitalism should work? Why do you prefer a socialist approach when it comes to your own income?

    Are you a cafeteria conservative – picking and choosing programs that benefit you while abhorring those that benefit others? You hate government spending unless it’s funneled into your pocket!

  12. gitarcarver says:

    Of course Jeffery’s whole premise is based on the fallacy that a contract for services is the same as “taking.”

    Once you get past that logical fallacy, his whole rant falls apart.

    It is also interesting to note that while he rants against others contracting with the government, his whole business and income is based on the government taking from others to protect his intellectual property.

    Just another day in Jeffery’s hypocritical world.

  13. John says:

    GA Gov just vetoed a similar bill
    Doesn’t look good when GA is seen as more socially advanced than NC
    The good news about the NC law is that it will probably not only fail on Condtitutional grounds, but when it does it will probably result in an overall increase in rights,

  14. gitarcarver says:

    GA Gov just vetoed a similar bill

    The Georgia bill is nothing like the North Carolina bill.

    You won’t find bathrooms or sexual orientation in the Georgia bill.

    The Georgia bill codified that people of faith and conscience should not be forced by the government to act against their faith and moral convictions.

    The bill was in reaction to incidents in other states where people have been forced to act against their beliefs as well as being fined and sent to “re-education” courses.

    The Georgia bill also allowed institutions of faith to hire people of the same faith and beliefs. That would be part of the US Constitution “right of association,” but apparently others don’t see it that way because it makes perfect sense for a Hindu vegetarian sect to be forced to hire a meat eating person who was vocal in his beliefs.

    The bottom line is that john is either willfully ignorant of both bills or chose to lie.

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