NC Officials Present Unified Front In Face Of DOJ Threats – #HB2

Care or SueYesterday, the Obama administration’s Department of Justice sent threatening letters to both Governor McCrory and also to UNC’s Margaret Spellings.

The letters basically threatened North Carolina’s Title IX funding. The letters allege that HB 2 violated the Civil Rights Act and Title IX.  The letters provide a May 9th deadline for responding.

North Carolina officials across the board called the DOJ’s letter a massive ‘overreach’ and ‘politically motivated’.   Meanwhile Mayor Roberts of Charlotte, who started this whole mess, is oddly silent.

Read the letters:

I have said this before. I will say it again. These claims by the DOJ and U.S. Department of Education are all based on interpretation, not actual law.  A simple solution? Dump Title IX funding.

Where did they get this interpretation? Likely from the Human Rights Campaign who began pressuring politicians and the White House several years ago.

The results of that pressuring culminated in President Obama signing an Executive Order in 2014 that sought to alter the Equal Employment Opportunities Act to add ‘gender identity’ and’ gender expression’. This position was quickly adopted by the Department of Labor, OPMEEOC, OSHA and US Department of Education.

Leading up to the DOJ’s letter, Education Secretary John King called HB 2, ‘hateful‘.

Meanwhile, 50 parents are now suing Illinois over a high school’s transgender bathroom policy which was the result of a US Department of Education Title IX lawsuit.

Project Veritas visited North Carolina recently and exposed the dangerous lengths to which UNC Asheville officials will go to allow anyone to use any bathroom they choose.

The reaction from North Carolina leaders to the DOJ’s threats was a unified, swift and to the point set of statements.

The Governor’s press release hit the Obama administration on their national machinations, stating that, “A claim by the Obama administration charges that one part of House Bill 2, which requires state employees in public government buildings and students in our universities to use a restroom, locker room and shower facility that match their biological sex, is now in violation of federal law. The Obama administration has not only staked out its position for North Carolina, but for all states, universities and most employers in the U.S.
“The right and expectation of privacy in one of the most private areas of our personal lives is now in jeopardy. We will be reviewing to determine the next steps.”

Lt. Governor Dan Forest issued a press release with a single stinging sentence that read,  “To use our children and their educational futures as pawns to advance an agenda that will ultimately open those same children up to exploitation at the hands of sexual predators is by far, the sickest example of the depths the Obama Administration will stoop to ‘fundamentally transform our nation.'”

Senator Phil Berger also issued a short, but stinging rebuke to the DOJ, which included citing 4th Circuit Court of Appeals Judge Niemeyer,  “This is a gross overreach by the Obama Justice Department that deserves to be struck down in federal court, and I cannot say it any better than Fourth Circuit Judge Paul Niemeyer did recently:

“‘This unprecedented holding overrules custom, culture, and the very demands inherent in human nature for privacy and safety, which the separation of such facilities is designed to protect. More particularly, it also misconstrues the clear language of Title IX and its regulations. And finally, it reaches an unworkable and illogical result.’”

House Majority Leader Mike Hager and Rep. Dan Bishop issued a joint statement, which can be found both on Twitter and on Rep. Hager’s Facebook page:

“Today, the Obama administration issued a breathtaking threat to the Governor and University of North Carolina. President Obama’s Justice Department, Civil Rights Division, asserts that North Carolina’s law providing for separate men’s and women’s bathrooms and showers in government buildings violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of sex,” said Representative Dan Bishop (R-Mecklenburg). “Based on a novel interpretation by the federal bureaucracy, not yet confirmed by any court, and without any change by Congress to the 50-year-old law, the Obama Justice Department now seeks to stop North Carolina from protecting the privacy and personal safety of women employees and customers from the presence of anatomical males in a bathroom or shower on the absurd notion that it constitutes sex discrimination to do so.”

“First Charlotte Mayor Jennifer Roberts and City Council moved to mandate genderless bathrooms and showers, and the General Assembly acted to protect privacy and safety. Now, President Obama reinterprets a 50-year old law to impose genderless bathrooms and showers,” adds Majority Leader Mike Hager (R-Rutherford). “Do you think there might be a plan? But there’s more. The Obama administration’s newly announced threat also implies that every employer in North Carolina and across the nation that employs more than 15 must also allow male employees into bathrooms or showers for women. How much will the American people take?”

From where this author sits, this is more of the Obama administration’s typical ‘punish your enemies’ activity and that yes, it is politically motivated.

2012 was the year of ‘war on women’. In 2016, we have the Democrats and Left waging an actual war on women — and children.


About A.P. Dillon

A.P. Dillon is a reporter currently writing at The North State Journal. She resides in the Triangle area of North Carolina. Find her on Twitter: @APDillon_ Tips:
This entry was posted in A.P. Dillon (LL1885), EDUCATION, Government, LGBTQ Issues, Lt. Gov Dan Forest, NCGA, Pat McCrory, YWBMTC and tagged , , , . Bookmark the permalink.

7 Responses to NC Officials Present Unified Front In Face Of DOJ Threats – #HB2

  1. Pingback: Return Of The Jedi? NC Fights Back Against DOJ | Lady Liberty 1885

  2. BigAlSouth says:

    In a normal world, an agency such as the US Department of Education, would engage in “Rule Making” in order to properly interpret statutory language. This “Rule Making Authority” has been recognized by the US Supreme Court. In the ‘Chevron’ case, the US Supreme Court held that deference should be given to an agency’s interpretation of US law or regulation, but after proper notice and hearings. There has been zero notice or hearings by the Department of Education to support its interpretation of the word “sex” in the context of Title IX discrimination cases, only the opinion of a lone Ed bureaucrat, that “sex” is the same as “gender identification.”

    There is an informative article in the American Thinker that says that many cases have looked at Title VII and held that “gender dysphorics” or the “transgendered” do not belong in a protected class. (See:


  3. ALRUI says:

    This is why states need to stop feeding at the feds teet!


  4. BigAlSouth says:

    A.P., you said NC officials presented a “unified front.” Did I miss the resignation or impeachment of Roy Coop?

    AG Cooper thinks he can ride this issue all the way to the Big House on Blount St. Go ahead, Roy. Don’t worry about our mothers, sisters and daughters. Join the progressive bandwagon putting the safety and privacy of 50% of the state citizens in favor of the .03% mentally ill gender dysphorics. You got a real winner there, partner!


  5. timothypeck says:

    “The letters inferred that HB 2 violated the Civil Rights Act and Title IX.”

    Incorrect use of the word “inferred” in para 2. I think you mean “implied.” But still, the DOJ letter does not imply, it explicitly “alleges” that HB 2 “violates” (present tense) the Civil Rights Act and Title IX.


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