The US Department of Justice (DoJ) has sent letter to North Carolina's governor on Wednesday referring the state law for limiting protections to LGBT people as illegal. The transgender law violates US Civil Rights Act and hence can't be enforced, observes the letter.
The Public Facilities Privacy & Security Act has been passed in North Carolina as House Bill 2 (NCHB2 or HB2) that prohibits individuals using public bathrooms beyond their biological sex. DoJ observes, access to sex-segregated restrooms and other workplace facilities consistent with gender identity is a term, condition or privilege of employment. Denying such access to transgender individuals while allowing non-transgender employees violates Title VII, reports CNN citing the DoJ letter as the source.
According to a report published in The Guardian, Federal officials have recently started warning states for discrimination against transgender students in school bathrooms. Prior to that, a federal appeal court has ruled in favor of a transgender high school student in a lawsuit filed against his school board for access to the boy's bathroom. However, the letter sent by the principal deputy assistant US attorney general Vanita Gupta to the state of North Carolina appears as the first direct intervention of the federal government in the conflict.
Pat McCorry, North Californian governor, observes the DoJ notification as an attempt by the Obama administration allowing transgender people using bathrooms and locker rooms. Intriguingly, McCorry has acknowledged not considering financial impact of the law either on economy or on federal school funding. This acknowledgement has been made after signing the bill for transformation into law in March, reports Fox News.
The DoJ letter also cites Title IX of the Civil Rights Act, 1964 that prohibits discrimination in education. The state of North Carolina will probably lose $861 million in federal funding for schools if the US attorney general's stance gets uphold in a court.
HB2 limits legal protection to LGBT people and requires them to use public bathrooms conforming to their sex mentioned in the birth certificate. Alabama has recently recalled a similar ordinance passed a week ago following voting in the city council of Oxford. The ordinance calls for a fine not exceeding $500 or incarceration not exceeding six months for the offenders.
Recently a school boy has been awarded verdict in his favor filed against the school board restricting the students choosing bathroom according to their biological sex. Following the court order, Albama has recalled a similar ordinance passed just a week earlier.
On Wednesday, the US Department of Justice has warned the North Carolina state government of violating law through approving transgender law.
