Justice Department Tells North Carolina To Abandon Its Anti-LGBT Bathroom Bill — Or Else
HB2 violates federal law, and the federal government won’t let it stand.
The post Justice Department Tells North Carolina To Abandon Its Anti-LGBT Bathroom Bill — Or Else appeared first on ThinkProgress.
thinkprogress.org/lgbt/2016/05/04/3775469/hb2-violates-civil-rights-act/
BREAKING : U.S. Justice Department Says HB2 Violates Federal Law, Gives Gov. McCrory Monday Deadline
Today, HRC and Equality NC responded to news that the U.S. Department of Justice has determined North Carolina’s discriminatory HB 2 violates federal civil rights law, including Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972. As reported by the Charlotte Observer, “The department gave state officials until Monday to address the situation ‘by confirming that the State will not comply with or implement HB 2.’”
“HB 2 is a discriminatory, dangerous piece of legislation and today the Department of Justice confirmed that it violates federal civil rights law,” said HRC President Chad Griffin. “We commend the Justice Department for enforcing the rule of law and protecting the rights of North Carolinians. We once again urge Governor McCrory and the state of North Carolina to immediately do the same and fully repeal this harmful bill.”
“The letter confirms what we’ve already known – that HB2 is deeply discriminatory, violated federal civil rights law, and needs to be repealed as soon as possible,” said Equality NC Executive Director Chris Sgro. “We’ve already lost $500 million in economic impact and now we are violating federal civil rights law and risking Title IX funding. This is a travesty and embarrassment for North Carolina. There is a repeal bill filed in the House, and it should be considered immediately.”
The letter lays out the Department of Justice’s determination that HB 2 puts Governor McCrory and the state government in violation of federal employment law (Title VII of the Civil Rights Act of 1964) should the state comply with its recently enacted law. The letter also states that public schools and universities that comply are in violation of federal education law (Title IX of the Education Amendments Act of 1972). If the state insists on implementing HB 2, it is now on notice that it risks a lawsuit by the Department of Justice. Further, for universities this puts 4.5 billion dollars in federal education funding at risk and endangers other federal funding streams as well. Read more about how this bill puts Title IX funding at risk here.
HB 2 forces transgender students in public schools to use restrooms and other facilities inconsistent with their gender identity, which is a clear violation of Title IX’s protections from discrimination on the basis of sex. Both the U.S. Department of Education and a recent Fourth Circuit Court of Appeals Case reiterate that Title IX’s protections from discrimination on the basis of sex require schools to provide transgender students access to facilities in accordance with their gender identity.
HB 2 required – and Governor McCrory’s recent Executive Order confirmed – that transgender state and municipal employees would be denied access to restroom and other facilities consistent with their gender identity. Private employers who lease publicly-owned property would also be forced to discriminate in the provision of restrooms. These provisions are in clear conflict with Title VII’s requirement that employees not be subject to discrimination on the basis of their sex, which has been interpreted by the EEOC and multiple federal courts to include discrimination on the basis of gender identity and sexual orientation.
HB 2 also eliminated existing municipal non-discrimination protections for LGBT people and prevents such protections from being passed by cities in the future. Further, it revoked the ability to sue under state employment non-discrimination law on the basis of any protected characteristic, including race, religion, national origin, and sex.
Gov. McCrory and state lawmakers are under increasingly intense pressure to repeal HB2. Nearly 200 leading CEOs and business leaders have urged Gov. McCrory and the North Carolina General Assembly to repeal the deeply discriminatory law that’s bad for business and bad for North Carolina. Mayors and governors across the country are banning travel to the state, musicians are cancelling concerts, and the New York Times editorial board called North Carolina a “pioneer in bigotry.” The NBA has threatened next year’s All-Star Game in Charlotte, NASCAR has spoken about its opposition publicly, and the NCAA has said it won’t schedule events – including the Final Four – in cities that don’t have fully-inclusive non-discrimination laws. Major film studios and corporations, from PayPal to Deutsche Bank, have stopped investments in the state because of the new law. The United Kingdom’s Foreign Office has even warned its LGBT citizens of the risks of traveling to North Carolina.
HRC and Equality NC continue to call for the full repeal of HB2, a blatantly discriminatory law targeting transgender people, and denying municipalities supporting LGBT equality from extending non-discrimination protections to all of their residents.
Oxford, AL City Council Retreats, Votes to Repeal Shameful Anti-Transgender Ordinance
At a special meeting earlier today, the Oxford, Ala, City Council voted 3-2 to repeal a discriminatory new ordinance that would have prevented transgender residents and visitors from using public restroom facilities consistent with their gender identity. This anti-transgender law was unprecedented in its establishment of criminal penalties for violations — including a $500 fine or 6 months in jail — and raised a myriad of privacy and legal concerns regarding how the law would have been enforced. The council’s action came during a 10-day recall window; the ordinance had not yet been signed by the mayor.
“It’s a great day in the state of Alabama and we commend Councilperson Charlotte Hubbard for leading the recall effort,” said HRC Alabama State Director Eva Walton Kendrick. “This sends a welcome message of inclusion to Oxford’s families, businesses and visitors, and sets an example for other communities that may be considering similar legislation. Fair-minded Americans do not believe in discrimination, and we must continue to educate one another on the importance of being inclusive and welcoming to all. ”
The Oxford City Council’s decision to recall the ordinance comes as similar proposals are being rejected at the state and local level across the country. On Monday, the City Council of Rockwall, Texas, unanimously rejected a bill proposed by Mayor Jim Pruitt that would have prohibited transgender people from using restrooms consistent with their gender identities. Scores of community members also came to speak out against that proposal.
At the state level, South Dakota Governor Dennis Daugaard earlier this year vetoed legislation that limited restroom use for transgender children in public schools, and last month, the sponsor of a similar bill in Tennessee announced plans to pull the legislation from consideration this legislative session. With its passage of the anti-transgender HB2, North Carolina became the first state to enact this type of legislation. The state is facing a federal court challenge and fierce backlash, and today the U.S. Department of Justice notified Gov. Pat McCrory that the law violates the U.S. Civil Rights Act.
Oxford’s ordinance was unprecedented in that it enumerated criminal penalties, including the potential for jail time, for violations. It also applied to bathrooms and locker rooms citywide, including in private businesses, which went further than similar provision in North Carolina’s law which applies to government buildings and schools.
In 2014, HRC launched Project One America, an initiative geared towards advancing social, institutional and legal equality in Mississippi, Alabama and Arkansas. HRC Alabama continues to work to advance equality for LGBT Alabamians who have no statewide protections in housing, workplace, or public accommodations; and legal state recognition for their relationships and families. Through HRC Alabama, we are working toward a future of fairness every day—changing hearts, minds and laws toward achieving full equality.
Oxford, Alabama Repeals Anti-Trans Bill
A slim majority of city council members voted to repeal the law that would have imposed a $500 fine and jail time for any transgender person who used a bathroom that matched their gender identity.
www.advocate.com/transgender/2016/5/04/oxford-alabama-repeals-anti-trans-bill
Beyoncé Puts Anti-LGBT N.C. on Blast: Y'All Means All
The Lemonade singer is encouraging fans to join a local LGBT organization’s effort to repeal HB 2.
www.advocate.com/music/2016/5/04/beyonce-puts-anti-lgbt-nc-blast-yall-means-all
Happy 58th Birthday, Keith Haring
You surely know Keith Haring’s work from his effervescent stickish figures decorating everything from floor-to-ceiling walls to T-shirts to coffee mugs to earrings. If you liked bright colors in the 1980s and early ’90s, not a day went by that you didn’t see some yellow men holding a baby aloft, or a red dog with bark lines emanating from his mouth, or just a whole bunch of squiggles that may or may not have contained a penis.
Keith wasn’t just a once-in-forever artist, he also worked the system like a mastermind: he licensed and sold his work to fund democratic artwork that could be accessible to everyone, not just wealthy collectors. He sold his work affordably at the Pop Shop, and also reveled in the creation of subversive illegal murals. Of his public art, which occasionally got him arrested, he said:
“I kept seeing more and more of these black spaces, and I drew on them whenever I saw one. Because they were so fragile, people left them alone and respected them; they didn’t rub them out or try to mess them up. It gave them this other power. It was this chalk-white fragile thing in the middle of all this power and tension and violence that the subway was. People were completely enthralled.”
Here’s a clip of Keith getting led off in handcuffs:
Just look at this guy. How can you not fall in love? Thanks for everything, Keith. Miss you.
feedproxy.google.com/~r/queerty2/~3/m7QDu4_Xjfc/happy-58th-birthday-keith-haring-20160504
Bizarre Leaked Documents Detail US Military’s Plan To Turn Enemies Into Gay Sluts
It’s no secret — well, no longer a secret — that a United States Air Force research laboratory once proposed developing a chemical “weapon” that when dropped on enemy camps, would act as a potent aphrodisiac and turn everyone gay.
Funny, we always just assumed that’s what they put in the fog machines at circuit parties.
But for readers who aren’t familiar with the government’s so-called “gay bomb,” it might surprise you to learn that what sounds like a diabolical 1950s plan ripped from the cutting room floor of Dr. Stragelove, was actually conceived of in 1994.
The same year Ace Of Base saw “The Sign” and the Cranberries asked if we had to let it “Linger,” some government-paid shill sat in a basement in Ohio trying to actualize a gay bomb. 1994 is also the year the Clinton administration enacted Don’t Ask, Don’t Tell.
And even if you do remember the story, which broke in 2007 through a Freedom of Information Request by the Sunshine Project, and went on to earn the lab the Ig Nobel Prize (the Razzie awards of the scientific community) the same year, chances are you haven’t actually seen the documents in question.
The entire thing reads like a high school science fair project gone very wrong, starting with the title — “Harassing, Annoying, and ‘Bad Guy’ Identifying Chemicals”:
It goes on to suggest such brilliant ideas as dropping chemicals that would attract aggressive rodents to enemy camps, and chemicals that would give enemies an “annoying” smell.
And then at the top of page two — “Category #3: Chemicals that effect [sic] human behavior so that discipline and morale in enemy units is adversely effected [sic]. One distasteful but completely non-lethal example would be strong aphrodisiacs, especially if the chemical also caused homosexual behavior. Another example would be a chemical that made personnel very sensitive to sunlight.”
You can find the full three-page document here, which goes on to request such technological gems as a chemical that would “attract bees and cause them to sting.”
It concludes that “Some chemicals should only be used on enemy forces, while others could be used on mixtures of enemy personnel and civilians.” How very comforting.
The whole thing would be a lot funnier if it wasn’t so real, though that didn’t stop Tina Fey from taking up the subject in an episode of 30 Rock about a year later:
Caitlyn Jenner Will Appear Naked on the Cover of ‘Sports Illustrated’
Caitlyn Jenner will pose naked for the cover of an upcoming issue of the magazine Sports Illustrated.
Jenner will reportedly appear with nothing more than an American flag and her Olympic gold medal.
Caitlyn Jenner will appear on a summer cover of Sports Illustrated wearing “nothing but an American flag and her Olympic medal,” a source reveals in the latest issue of Us Weekly.
The 66-year-old I Am Cait star (formerly known as Bruce) set a world decathlon record at the 1976 Montreal Summer Games. To celebrate the 40th anniversary of her win, she’ll pose with her gold medal for the first time post-transition, adds the source: “She’s excited about that.” (Her ex-wife Kris appeared topless with a medal during a 2007 photo shoot on Keeping Up With the Kardashians.)
The post Caitlyn Jenner Will Appear Naked on the Cover of ‘Sports Illustrated’ appeared first on Towleroad.
Beyoncé Comes Out Against North Carolina’s Anti-LGBT ‘Bathroom Bill’
Beyoncé is speaking out against North Carolina’s newly passed anti-LGBT bill, HB 2.
Unlike other performers including Bruce Springsteen, Ringo Starr, Nick Jonas and Demi Lovato, Beyoncé did not cancel her North Carolina shows. However, the singer has released a statement on her website urging people to get involved with Equality NC, an LGBT rights organization that has been vehemently opposed to HB 2 and working to repeal it.
“As The Formation World Tour makes its stop in the Tar Heel state in the midst of such a controversial time, we think it is important for us to bring attention to those who are committed to being good and carrying on the message of equality in this core of controversy. Among the many organizations doing the good work to get this bill overturned, there is Equality NC, a local organization dedicated to securing equal rights and justice for lesbian, gay, bisexual, transgender, and queer (LGBTQ) North Carolinians.
To accomplish these goals, Equality NC tirelessly lobbies the North Carolina General Assembly, executive branch, and local governments, broadcast LGBT news, stories and content, and mobilize our communities on issues that matter, including marriage equality, parental rights, inclusive anti-bullying policies, employment discrimination, hate violence, privacy rights, sexuality education, adoption, domestic partnerships, and HIV/AIDS.
Learn more about how you can support Equality NC by donating, volunteering, becoming an ambassador, attending an event, or simply spreading the word!
Beyoncé has also reportedly worn one of Equality NC’s “Y’all Means All” tee shirts.
Yup that is @Beyonce wearing an @equalitync “Y’all means all” shirt. Life complete #beygood pic.twitter.com/vKVpQdJ8JT
— Ben Graumann (@BenGraumann) May 4, 2016
The post Beyoncé Comes Out Against North Carolina’s Anti-LGBT ‘Bathroom Bill’ appeared first on Towleroad.
#AM_Equality Tip Sheet: May 4, 2016
TRUMP, PRESUMPTIVE GOP NOMINEE, IS A WOLF IN SHEEP’S CLOTHING: As all eyes turn toward Donald Trump’s run up to November, it’s important for pro-equality voters to have the facts. Despite his malleable rhetoric — which shifts depending on who he is standing in front of at any given moment — he has made clear that he will be no friend to the LGBT community in the White House. Donald Trump is nothing more than a wolf in sheep’s clothing when it comes to LGBT equality. Check out four ways Donald Trump has already pledged to roll back LGBT equality if he succeeds in his quest to become president on HRC’s blog post.
IN CRUZ DEFEAT, A WITHERING REBUKE OF ANTI-TRANS EXTREMISM: We hope NC Governor Pat McCrory, Senate President Phil Berger and House Speaker Tim Moore were watching. While Ted Cruz’s campaign has been riddled with anti-LGBT rhetoric, his closing message was to demonize transgender people. And it backfired. Stories in The Washington Post, Huffington Post, TIME and Politico make one message clear to candidates: attacking transgender people isn’t a winning campaign strategy. HRC Communications Director Jay Brown on what it means: “Ted Cruz has waged an ugly, bigoted campaign against LGBT equality for months. Cruz will be remembered for spending the last days of his presidential campaign shamefully trying to stoke a dangerous brand of hate against transgender people like me to score political points. Ted Cruz’s false attack ads and repeated smears against us in the closing days of his campaign were clearly rejected by voters. There’s a lesson here — Americans of all parties believe LGBT people should be protected from discrimination and politicians who don’t take note risk being rejected at the ballot box.” More here.
NEWS & OBSERVER EDITORIAL BLASTS MCCRORY FOR FIDDLING WHILE ROME BURNS: Don’t miss the News & Observer’s takedown of Gov. McCrory’s bizarre local radio interview spent “yukking up” the disaster he caused in passing HB2 … “Between laughs, McCrory continued to misrepresent the bill as simple protection of privacy rather than what it is: a green light to discriminate against gay and transgender people. After weeks of damaging national publicity and setbacks for the state’s economy, most governors would be hard at work figuring out a way to fix the HB2 mess.” On the Charlotte-based “The Big Show with John Boy and Billy” radio program, McCrory even suggested that Bruce Springsteen had canceled his show because of poor ticket sales, and made jokes about bathrooms while on air. No one else is laughing. More from The News & Observer.
MEANWHILE, MCCRORY’S REELECTION EFFORT CONTINUES TO CRATER: A new poll from “North Carolina’s Conservative Voice” shows that a majority of North Carolinians would vote against GOP Gov. Pat McCrory. According to a poll released by Civitas Institute, 46 percent of likely voters in the Tar Heel State would mark their ballot for Attorney General Roy Cooper, the Democratic candidate for governor, while just 36 percent say they’d vote for McCrory, who, with his GOP cronies, Senate President Phil Berger, and House Speaker Tim Moore, is responsible for HB2 and the hammering the state’s economy and reputation has taken since it was passed. The new polling comes on the heels of Hoosiers rebuking Ted Cruz in Indiana last night over his anti-trans rhetoric, and adds proof that voters just aren’t buying McCrory’s repeated, increasingly desperate attempts to defend the indefensible. More from Vox.
OXFORD, ALA., MAY BACKTRACK ON APPALLING ANTI-TRANS LAW: Looks like the Oxford, Ala., City Council is having buyer’s remorse over its recent decision to pass an outrageous and unprecedented anti-transgender ordinance. The council is set to gather at 2:30 p.m. CT today for a “special meeting” where members are expected to discuss recalling the law. Following its passage, ACLU Alabama is talking about a lawsuit, HRC Alabama and others are organizing a Saturday rally and a major softball tournament is being moved until the law is repealed. More from AL.com.
OBAMA TO DESIGNATE STONEWALL INN A NATIONAL MONUMENT IN RECOGNITION OF SEMINAL EVENT IN FIGHT FOR LGBT EQUALITY: The Obama Administration is poised to declare the area surrounding the historic Stonewall Inn a national monument — making it the first to formally recognize the struggle for LGBT equality. Federal officials are holding a session on May 9 to receive feedback on the proposal. The proposal has the support of New York officials including U.S. Sen. Kirsten Gillibrand, U.S. Rep. Jerrold Nadler, Gov. Andrew Cuomo, and New York City Mayor Bill de Blasio. Gov. Cuomo has already signed legislation transferring ownership of the city-owned property to the federal government so it can be designated as a federal monument. More from The Washington Post.
GLOUCESTER COUNTY DOUBLES DOWN AGAINST TRANS TEEN: The Gloucester County School Board in Virginia has officially filed a motion to appeal a ruling by a panel of the Fourth Circuit Court of Appeals in favor of the U.S. Department of Education’s interpretation of Title IX of the Education Act of 1972 as protecting transgender students like Virginia’s Gavin Grimm from discrimination, including allowing them to use restrooms consistent with their gender identity. Grimm sued the district over a discriminatory policy that barred him from using the boys’ restroom, alleging that the district violated Title IX of the Education Act of 1972. The School Board is now appealing the panel’s ruling, asking that entire 15-judge court of appeals reconsider last month’s historic 2-1 decision. More from The Associated Press.
GIVE ELSA A GIRLFRIEND! DISNEY FANS RALLY FOR AN LGBT PRINCESS: We don’t want to let it go! Over the past few days, the twitterverse has been lighting up with the hashtag #GiveElsaAGirlfriend, urging Disney to give Elsa, the protagonist of the hit film Frozen, a girlfriend in the movie’s sequel. Here’s to hoping Elsa finds her Princess Charming. More from HRC’s blog.
STATE SNAPSHOT
THE WINDY CITY EMBRACES EQUALITY FOR TRANS STUDENTS: Chicago Public Schools (CPS) have stepped up for their transgender students in a big way. On Tuesday, CPS’ chief education officer Janice Jackson announced new policies guaranteeing all students access to facilities that most align with their gender identity, including provisions for accommodating students who are questioning their gender, or who identify as a nonbinary gender. The same rules will apply to adult employees of the school district. It is a big, supportive statement from the largest school district in the state. More from Chicago Sun Times.
MORE THAN 700 FLORIDIANS URGE STATE TO KEEP RULES PROTECTING LGBT YOUTH IN FOSTER CARE: The possibility that Florida’s Department of Children and Families (DCF) could capitulate to pressure from two religious groups and backtrack on new rules banning discrimination and so-called “conversion therapy” for LGBT foster children in group homes is prompting vigorous opposition in the Sunshine State. More than 50 people appeared at a public hearing to protest changes being contemplated by the DCF, and 700-plus people submitted written comments to the agency opposing any rollback to protections, the Tampa Bay Times reports. Guess how many have spoken in support of discrimination? (We’ll spoil it for you… only one). The final decision remains in the hands of officials at the state’s DCF. More from The Tampa Bay Times.
WE’RE AMPED ABOUT THIS FIRST: LGBT BIZ OWNERS WIN NATIONAL SMALL BUSINESS PERSON OF THE YEAR AWARD: For the first time, LGBT business owners have captured the national Small Business Person of the Year Award – or, in this case, business persons of the year: Helen Russell and Brooke McDonnell, who have brewed up a fabulously successful coffee operation (cafes, roasting and bean growing) in California. Equator Coffees and Teas began in a garage, and is projecting revenues this year of $15 million. We’ll raise a cup to that! More from Mercury News.
AROUND THE WORLD
CONGRATULAZIONI!: An Italian court has granted a lesbian couple the right to adopt each other’s children. While the country still does not have same-sex civil unions or marriage, this is a huge first step in recognizing the rights of same-sex couples. More from Pink News.
READING RAINBOW
The Arizona Republic points to North Carolina and Mississippi as prime examples of what Arizona shouldn’t do… The Guardian profiles a family doctor in the small town of Oneonta, New York, who has been tailoring her practice around the needs of transgender people for years… The Associated Press reports how the Minnesota State Colleges and Universities system is the latest to take a stand against NC’s HB2… and The New York Times highlights the recent marriage of a gay U.S. diplomat in China.
Have news? Send us your news and tips at [email protected]. Click here to subscribe to A.M. Equality and follow @HRC for all the latest news. Thanks for reading!
www.hrc.org/blog/am-equality-tip-sheet-may-4-2016?utm_source=rss&utm_medium=rss-feed
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