The battle over restroom access has reached a new level. (Carmelo Speltino / Flickr)
So it looks like we are at a watershed moment in the crusade for restroom access for transgender people.
Both North Carolina and the US Department of Justice sued each other within hours.
Two lawsuits? Yeah.
But the whole situation over the controversial HB2 law in North Carolina has been brewing for months. Let's take a look at how we got here:
1. The "bathroom bill" became law in North Carolina in March
North Carolinians protesting HB2. (NathaniaJohnson/Flickr)
In March, North Carolina Governor Pat McCrory signed a bill that was passed unanimously in the state's legislature. All of the Republicans supported it, while the Democrats walked out in protest of the bill.
The law, known as HB2, banned towns and cities in the state from starting their own anti-discrimination laws, essentially requiring discrimination in all of North Carolina.
But that part of HB2 wasn't the biggest attention-getter -- the part that caused the most backlash is the section that prohibits transgender individuals from using the bathrooms that correspond with their true gender. Basically, HB2 requires people, by law, to go to the bathroom that matches the sex on their birth certificates.
There was a huge backlash against the state, and the governor backtracked a little, but HB2 stayed in place.
2. The Justice Department told North Carolina not to enforce the law
North Carolina got into hot water with the Justice Department last week.
The DOJ said HB2 hinders the civil rights of Americans living in North Carolina.
They cited both Title VII and Title IX of the Civil Rights Act in its rights violations. Title IX outlaws discrimination based on sex when it comes to education, while Title VII outlaws employment discrimination.
They gave North Carolina a deadline, May 9th to respond and say they wouldn't enforce the law.
3. And then, North Carolina sued the Justice Department
Many thought North Carolina would probably comply.
But instead, the state of North Carolina sued the Department of Justice.
The lawsuit by North Carolina says transgender identities are not protected under Title VII of the Civil Rights Act. They claim the DOJ "overreached" in their power and weren't clear about their reason for suing.
Those backing HB2 don't see sexual orientation or gender identity mentioned anywhere in the Civil Rights Act.
Governor McCrory said this:
"We believe a court, rather than a federal agency, should tell our state, our nation and employers throughout the nation, what the law requires."
In other words: You want me to stop enforcing this law? MAKE ME.
4. Then the DOJ countersued North Carolina
Then the DOJ fired back, suing North Carolina for standing by HB2. They had their own thoughts on the matter. The lawsuit says this:
"Transgender individuals seeking access to covered facilities have suffered and continue to suffer injury, including, without limitation, emotional harm, mental anguish, distress, humiliation, and indignity as a direct and proximate result of compliance with and implementation of HB2."
The DOJ called the law discriminatory and unenforceable. They requested a court "issue a preliminary and permanent injunction to prevent further violations of federal law." Which means they want a court to tell North Carolina they can't go ahead with their law.
5. Attorney General Loretta Lynch gave a major speech about trans rights
US Attorney General (who is the head of the Justice Department) Loretta Lynch held a press conference to announce the Justice Department's position and their new lawsuit.
It was a strongly worded and impassioned speech that many found riveting:
Lynch -- who is from North Carolina herself -- talked about civil rights violations and called on Americans to be tolerant and learn from the mistakes of the Jim Crow era in American history:
Instead of turning away from our neighbors, our friends, our colleagues, let us instead learn from our history and avoid repeating the mistakes of our past. Let us reflect on the obvious but often neglected lesson that state-sanctioned discrimination never looks good in hindsight. It was not so very long ago that states, including North Carolina, had signs above restrooms, water fountains and on public accommodations keeping people out based upon a distinction without a difference. We have moved beyond those dark days, but not without pain and suffering and an ongoing fight to keep moving forward. Let us write a different story this time. Let us not act out of fear and misunderstanding, but out of the values of inclusion, diversity and regard for all that make our country great.
She also addressed the transgender community both in North Carolina and across the country:
Let me also speak directly to the transgender community itself. Some of you have lived freely for decades. Others of you are still wondering how you can possibly live the lives you were born to lead. But no matter how isolated or scared you may feel today, the Department of Justice and the entire Obama Administration wants you to know that we see you; we stand with you; and we will do everything we can to protect you going forward. Please know that history is on your side. This country was founded on a promise of equal rights for all, and we have always managed to move closer to that promise, little by little, one day at a time. It may not be easy -- but we'll get there together.
Lynch said the Department of Justice will stand behind the transgender population and continue with the fight against HB2.
6. The response
Lots of people have their own thoughts on the matter.
From both sides of the spectrum...
7. What now?
A judge could start hearing a case from the opposing parties in a few weeks. A win could mean a historic establishment of civil rights for the transgender population, while a loss could be devastating.
North Carolina's lawsuit seems to hint that their politicians might be nervous, because Civil Rights Act violations usually result in defunding by the the federal government, which could lead to billions in losses for the state.
Stay tuned. The battle's just begun.
This article was written by Patrick deHahn and originally appeared on Kicker. Kicker explains the most important, compelling things going on in the world and empowers you to get in the know, make up your own mind, and take action. For more, check out the Kicker site, like their Facebook page, or subscribe to their email newsletter.