Files suit in response to the Justice Department’s notification that HB2 violates Civil Rights Act, Title IX

Responding to an official letter from the U.S. Department of Justice (DOJ) notifying North Carolina that House Bill 2 (HB2), more commonly known as the “Bathroom Bill,” was in direct violation of the U.S. Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, lawmakers on behalf of GOP Governor Pat McCrory announced Monday morning that they would be suing the DOJ to rightfully defend HB2.

In their notification Wednesday, the DOJ specifically gave the state until Monday to respond to its notification publicly “by confirming that the State will not comply with or implement HB2,” or potentially face the consequences of losing upwards of $800 million in federal education funding annually.

It seems as though the GOP-controlled legislatures are prepared to take this chance with their stunning announcement Monday morning.

“The department contends that North Carolina’s common sense privacy policy constitutes a pattern or practice of discriminating against transgender employees in the terms and conditions of their employment because it does not give employees an unfettered right to use the bathroom or changing facility of their choice based on gender identity,” the lawsuit stated, “The department’s position is a baseless and blatant overreach.”

Previously, it was announced Thursday by House Speaker Tim Moore that no action would be taken on Monday, essentially daring the DOJ to escalate towards action.

“We will take no action by Monday,” Moore said, “That deadline will come and go. We don’t ever want to lose any money, but we’re not going to get bullied by the Obama administration to take action prior to Monday’s date. That’s not how this works.”

McCrory, too, said Sunday that he had asked federal officials to push back its “unrealistic” deadline but said he was told that he would only get an extension if he made a public statement denouncing HB2 as discriminatory.

“I’m not going to publicly announce that something discriminates, which is agreeing with their letter, because we’re really talking about a letter in which they’re trying to define gender identity,” McCrory said in an interview Sunday, “And there is no clear identification or definition of gender identity. It’s the federal government being a bully.”

The Justice Department has not publicly responded since the lawsuit was announced.