May 6, 2016
Principal Deputy Assistant Attorney General Vanita Gupta, in the U.S. Department of Justice’s Civil Rights Division, sent a letter on Wednesday to Governor Pat McCrory in which she stated HB 2 is in violation of Title VII of the Civil Rights Act of 1964. Governor McCrory was given until the end of the day on Monday to inform her whether he will surrender to the Department of Justice’s demand. The letter threatens to withhold federal educational funds if HB 2, known as the North Carolina Public Facilities and Security Act, is not repealed.
The Act is both constitutional and a commonsense regulation. The North Carolina law was passed to maintain statewide uniformity and prevents abuse, such as has happened in other states. The Act was enacted after the city of Charlotte opened women’s public bathrooms to men and now declares that state law overrides all local ordinances concerning wages, employment, and public accommodations. Thus, like the majority of states, the law requires statewide uniformity of nondiscrimination laws.
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