DOJ: HB2 Violates The Civil Rights Act

May 4, 2016

The U.S. Department of Justice has notified Governor Pat McCrory that House Bill 2 violates Title IX of the U.S. Civil Rights Act, potentially jeopardizing millions in federal funding for public schools.

The department, in a letter signed Wednesday, gave state officials until Monday to respond confirming whether or not they will comply with their advisory. If the department’s opinion is upheld by the courts, North Carolina could lose federal school funding for violation of Title IX, which bars discrimination in education based on gender.

By implementing House Bill 2, which requires people to use bathrooms matching the gender on their birth certificate, the state is discriminating against transgender employees, the letter says.

McCrory’s office is communicating with Senate Leader Phil Berger and House Speaker Tim Moore to consider possible recourse, Moore said. McCrory did not immediately give a statement, and Berger declined to speak with reporters.

“I’m always frustrated when the federal government overreaches on something like this,” Moore said.

The State of Things host Frank Stasio spoke with WUNC Capitol Bureau Chief Jeff Tiberii and Carolina Public Press managing editor Frank Taylor about the notices from the DOJ and the response from North Carolina's Republican leadership.