US Department Of Justice Could Sue North Carolina For Discrimination Against Transgenders With New Bathroom Law

The U.S. Department of Justice recently notified North Carolina that its transgender bathroom law is a violation of the U.S. Civil Rights Act. The state law banned transgender individuals from accessing certain bathrooms.

House Bill 2 Seeks To Protect LGBTQ Community

House Bill 2, also known as the Public Facilities Privacy & Security Act, has a statewide policy that prohibits people from using public bathrooms that do not match their biological sex.

According to TIME, the Justice Department asked Republican Gov. Pat McCrory for a response on the transgender bathroom issue by May 9, and if no action is made, North Carolina may be sued, which may eventually result to its denial of millions in federal funds.

“Denying such access to transgender individuals, whose gender identity is different from their gender assigned at birth, while affording it to similarly situated non-transgender employees, violates Title VII,” stated the federal letters.

Transgender Bathroom Policy

The transgender bathroom bill was signed into law by McCrory on Mar. 23, wrote CNN. However, the Justice Department claims that the law discriminates against transgender individuals and is a form of sex discrimination. 

The state agency argued that if the state allows non-transgender individuals to use sex-assigned bathrooms that correspond to their sex, but denies the same right to transgender employees. The latter’s sex is being discriminated because they are not allowed full and equal access to public bathrooms.

The letter demanded that North Carolina stop the transgender bathroom law from being implemented. Gov. Pat McCrory stated that right and expectation of privacy is among the most private areas of personal life and is currently in jeopardy.

McCrory added that they will review the transgender bathroom issue to determine the next appropriate steps. If the state fails to abide by the demands of the Department of Justice, the complaint letter will most likely be passed on to the next administration.

North Carolina Transgender Bathroom Issue May Lead To Control Of Funds

If a lawsuit is filed by the Department of Justice against the state of North Carolina and appeals are made leading up to the Supreme Court, the case may serve as a precedent. The Supreme Court will have to determine whether laws that ban sex discrimination will also ban unequal treatment based on sex.

CNN noted that if the case is decided against North Carolina, federal funds may be denied to the state. There is also an issue in the concept that every agency should be in control of its own funds. The Department of Justice allegedly cannot place the funds of the Department of Education in jeopardy with the latter starting the procedure.