North Carolina and the Obama administration are now at odds in a twisted and bizarre legal battle. The state is being accused of transphobic behavior akin to the old Jim Crow laws while the Obama administration is making an unprecedented power grab and attempting to bully their leftist secularist agenda into reality.
It started last week when the Obama administration sent a letter to the state's governor Pat McCrory demanding that he “not comply with or enforce H.B. 2,” also known as the bathroom law. The federal government is ordering a state not to enforce a state law. Or else. With the federal government there's always an "or else." In this case, Attorney General seems to be saying that the federal government could withhold billions of dollars in education and transportation funds unless they surrender. Yup, children's education just took a backseat to the LGBT agenda.
The administration stated that the bathroom law violated the Civil Rights Act of 1964. Loretta Lynch is arguing that it's now a civil right for boys to use the girls room and if you're against it, you're in favor of segregation or Jim Crow.
You can't blame the administration for attempting this. This bullying tactic has worked before. This is a similar story to some state's efforts to defund Planned Parenthood. You have the state do something the White House doesn't like and then the full power of the federal government and the media came to bear on the state. And then the Governor pivots out in an attempt to make a complete surrender look like something other than surrender.
But that didn't happen this time. North Carolina didn't surrender. They filed their own lawsuit, accusing the administration of attempting to "rewrite long-established federal civil rights laws in a manner that is wholly inconsistent with the intent of Congress and disregards decades of statutory interpretation by the courts.” Because the administration pointed to Title VII as the basis for their mandating that restrooms should become an anarchic free-for-all, North Carolina pointed out that Title VII does no such thing. In fact, all that's happened here is that the Obama administration is "reinterpreting" old law and enforcing their will. Kinda' like what they do with the Constitution. I guess it's a living Title VII.
The problem is that this kind of "reinterpreting" takes away any need for Congress actually passing any laws. Now, clearly for many years, Congress men and women have been quite willing to punt on controversial issues. Why pass a law that could endanger re-election chances if a judge's ruling or a "reinterpretation" of an old law by another branch of government can do the trick. That way, congress people only get to serve as Santa Claus brining funding back to their district.
David French makes it clear what Title VII is intended to do.
Title VII prohibits private and public employers (including state governments) from discriminating on the basis of “race, color, religion, sex, and national origin.” Title IX prohibits federally funded educational institutions from discriminating on the basis of “sex.” Neither statute prohibits sexual-orientation or gender-identity discrimination. For more than 20 years, LGBT activists have sought to amend federal law through the so-called Employment Non-Discrimination Act, a bill that would essentially add sexual orientation and gender identity as protected classes within federal nondiscrimination law. For more than 20 years, LGBT activists have failed. ENDA hasn’t passed even when Democrats controlled the presidency and both houses of Congress.
But now you don't need Congress. You just reinterpret and begin bullying. Insta-authoritarianism. Just add a sprinkling of cowardice.
So not only are we being forced to accept the secularist agenda but the death of separation of powers entirely. Please say a prayer that Governor McCrory and the people of North Carolina continue standing up to the Obama administration's reckless and ruthless bullying. The country depends on it.