Gov. McCrory Exploring “All Legal Options” in Showdown Over Transgender Bathroom Law

UPDATE: North Carolina Gov. Pat McCrory on Monday filed a lawsuit against the Justice Department over its challenge to the state’s controversial transgender bathroom law.

The state was facing a Monday deadline set by the Obama administration to respond to its demand that North Carolina either scrap the law or face legal action and risk losing federal funds.

ORIGINAL STORY

North Carolina Republican Gov. Pat McCrory said he is exploring “all legal options” before a deadline set by the Obama administration over the state’s transgender bathroom law. The showdown was set after the Justice Department gave the state an ultimatum.

Gov. McCrory and the legislature can either toss the state’s controversial transgender bathroom law or face legal action from the federal government and the loss of federal funds.

“The right and expectation of privacy in one of the most private areas of our personal lives is now in jeopardy,” Gov. McCrory said in a statement. “We will be reviewing to determine the next steps.”

The state law requires transgender people to use bathrooms that match the sex printed on their birth certificate and it applies only to government offices, universities and road-side rest stops, not every bathroom in the state. However, the Justice Department sent a letter on Wednesday claiming the law violates the federal Civil Rights Act. When he requested an extension, the Obama administration granted him only until the end of business day Monday.

“I don’t think that three working days is enough time for such a pretty big threat,” he said on an appearance on Fox News Sunday. “It’s the federal government being a bully, making law.”

Gov. McCrory, a Republican who was targeted by Democrats and facing a tough reelection, told “Fox News Sunday” he will make a decision by the end of the day. He also said the issue has widespread implications that will reverberate far beyond the borders of North Carolina.

“This is not just North Carolina,” said Gov. McCrory.

One option could be a court challenge. But Gov. McCrory doesn’t have the legal authority to change a law debated upon and passed by the state legislatures, though he signed it into law in March. He said that the expectation that he can is “unrealistic.” To be clear, the Civil Rights Act was intended to protect racial minorities against discrimination in education and the workplace. There are separate laws targeted toward gender, but they are meant to protect women, not men who say they are women and visa versa.

The Justice Department decision, if allowed to stand, will impact every single university that receives federal funding.

Meanwhile, the Obama administration will push the issue of transgendered bathrooms even further. They will seek to ensure transgender students are protected under federal law. A source in the White House, who spoke on the condition of anonymity, said the push will cite a federal law that prohibits sex-based discrimination in federally funded education programs and other related activities. The source said the president will deploy multiple agencies in a multi-pronged approach.