I feel that it would be legal for UNC schools to say "we are not going to comply with HB2 because it would make us violate Title IX, for which the Office for Civil Rights has already stated that transgender are fully covered based upon their gender identity over their biological sex… "
Can a state force a University to violate federal law??
I understand that sexual orientation hasn’t yet been covered under federal law so they could probably get away with discriminating against sexual orientation in housing and clubs and even medical services now in Mississippi (!!)… but I read that transgender is covered under title IX
WASHINGTON, D.C., April 29, 2014—The Office for Civil Rights (OCR) in the U.S. Department of Education today issued official guidance which makes clear that transgender students are protected from discrimination under Title IX. Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. Specifically, the guidance states that “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation.”
Does state law trump federal law?? Can a University be forced to violate federal law?
The simple answer is no, once the courts have determined that the federal law in question truly addresses the state law in question. As @HRSMom succinctly points out, the main issue in the meantime is just that, the time it takes to get it done. While that is happening, the state law would be in force. In theory a federal court could issue an injunction that nullifies the state law during that time, but that would be unusual to say the least. The other possibility, also rare but at least somewhat possible, especially if there are several cases in different Federal Court districts, is to have it kicked right to the Supreme Court of the United States, who would almost certainly hear a case like this. That could reduce the total time to 1-2 years.
The prior president of the UNC system was basically fired for being a democrat, and the current president is a pretty notoriously anti-LGBT republican appointee. It’s no surprise she’s very quick to support the policies of the people that put her in power and just a bonus that the policies align with her personal ideology.
A number of federal agencies are looking into whether they can stop funding to certain entities (k-12 for eg.) because the law is in violation of federal statutes. Of course, the Governor said during the debate that NC would not lose federal monies. I hope the Feds pull the plug. If a state wants to act like NC/MS/TN they don’t deserve tax money from the rest of us. They need to reap what they sow.
Sorry to sound clueless, but does anyone know why did the law target bathrooms (that already offer adequate privacy protection IMHO) instead of locker rooms where males impersonating as transgender in female locker rooms would be a bigger concern?
Probably because bathrooms are more ubiquitous and biologically necessary therefore it’s a more effective way to harm, insult, and demean as many people of as many age ranges in as public a manner as possible.
The idea of males pretending to be transgender would have to do so very openly and consistently to gain access to opposite or private gender changing rooms, etc. The idea that some true blue heterosexual male is going to do that just to sneak a peek in a woman’s locker room is extremely unlikely. Sadly, in today’s world real pervs can do that sort of thing much more easily using small electronic observation device they can hide in places where women change and use the restroom. I have occasion to work with law enforcement at times and that sort of thing is a real problem, not the fantasy of a guy pretending to be transgender to do that and facing the still quite present social backlash that makes life so difficult for real truly trans gendered persons. I’m old enough to remember as a kid hearing that the Equal Rights Amendment for women’s rights would crate these same bathroom problems. It was as ridiculous and clearly a drummed up scare tactic back then, just as it is now.
I know that my daughter very consciously took any uber socially conservative state off of her college lists due to concerns about these culture wars. We never thought of North Carolina that way, but clearly that was a mistake.
It will be interesting to see if applications to some of these schools are down in the fall. D was rejected from NCH. Now I’m sure she would reject them as well. S is going to Ohio, so hopefully they are not one of the states that is h-bent on stuffing LGBTQ persons back into their closets.
If North Carolina digs in, applications could fall. And students who are willing to overlook this transgression by NC will find it easier to get into Duke and UNC-Chapel Hill as as a result. Depending upon how big this becomes and how long this lasts, this could be an effective contrarian application strategy.
Scandals come and go (Duke Lacrosse was only a temporary blip), but the degree remains with you.
My D2, who identifies as bisexual, is very interested in UA Huntsville. We may have to think very long and hard about this. Alabama may not yet have proposed anti-LGBT laws, but it may simply be a matter of time…
Alabama has way too many international corporations operating within its borders and employing tens of thousands of workers who would oppose this. I think they learned the lesson from the anti-immigrant law a few years back. That Gov Bentley refuse to back chief justice Moore in his anti-gay crusade is an indicator.
@anomander Thanks for sharing those articles…wow. What a shame to play political games and potentially sabotage the reputation of a great University like UNC…
@fallenchemist thanks for the legal input … Ive been searching for a legal explanation of all of this and how it works but couldn’t find one… sounds like in the meantime we need an injunction (that prob won’t come)…
One of my son’s friends is a Trans-woman about to go to UNC-CH and is terrified about res life …where will she be forced to live- with men? UNC-CH doesn’t have gender neutral housing and most dorms are suite style w shared bathrooms… she said they haven’t even told her the answer to this question yet …
While its reassuring to hear students are protesting (thank you!) and that she will be able to find supportive friends/classmates it has to be terrifying to know that half the country hates your existence and is trying to legislate you out of state… she is such an incredibly talented musician (any school would be lucky to have!) not to mention kind caring person…the total opposite of what southern conservatives are trying to portray her as… it just breaks my heart.