As transgender rights case goes back to court, N.C. second-grader questions bathroom restrictions

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A federal judge will hear arguments on Monday, June 25, 2018, over the North Carolina law that replaced House Bill 2, the controversial bathroom bill. N.C. lawmakers want the case dismissed. Transgender residents say the new law is discriminatory.
A federal judge will hear arguments on Monday, June 25, 2018, over the North Carolina law that replaced House Bill 2, the controversial bathroom bill. N.C. lawmakers want the case dismissed. Transgender residents say the new law is discriminatory. Toby Talbot AP

More than a year has passed since North Carolina repealed controversial House Bill 2 and replaced it with a new law that does not dictate which bathrooms transgender people must use in state buildings.

Then in October, Gov. Roy Cooper announced that transgender people could use public bathrooms that correspond with their gender identity if the facilities are under control of the executive branch. The announcement was part of a proposed settlement of a lawsuit borne out of a challenge to HB2.

That settlement proposal and new arguments over the law that replaced HB2 — House Bill 142 — will be taken up in a federal courtroom on Monday, including new questions about a New Hanover County second-grader and prohibitions against her restroom use in school.

U.S. District Judge Thomas Schroeder will preside over the new legal battles simmering over the 7-month-old settlement proposal.

North Carolina lawmakers have argued that the original plaintiffs don’t have standing in the case after the repeal of HB2, and they question whether the court has the authority to enter the consent decree negotiated by Cooper.

HB2 had required people in government facilities to use bathrooms matching the gender on their birth certificates, and it blocked a Charlotte ordinance that added anti-discrimination protections for LGBT people.

House Bill 142 created a moratorium on local nondiscrimination ordinances through Dec. 1, 2020. And it left regulation of bathrooms, showers and changing facilities to state lawmakers, not the universities, community colleges, local school systems and other state agencies that had been setting their own policies.

Lawmakers contend HB 142 no longer regulates the original challengers of HB2 — a transgender man who works at UNC-Chapel Hill, a lesbian law professor at N.C. Central University, a transgender man who was a student at UNC-Greensboro, a transgender teenage girl who was a student at the UNC School of the Arts and a lesbian couple in Charlotte.

The replacement law is directed at state agencies and local governments, lawmakers contend, and any contentions by the LGBT community of harm and discrimination are speculative.

“Even if they come to pass, the time, place, factual circumstances, applicable trespass or other legal rules, and private and government actors involved — all are unknown,” said Kyle Duncan, a Washington-based attorney representing Senate leader Phil Berger, a Rockingham County Republican, and House Speaker Tim Moore, a Cleveland County Republican.

But when the replacement law was adopted, LGBT advocates argued that it left transgender people in North Carolina without discrimination protections after HB2 put them in the middle of a contentious and high-profile political debate that was monitored across the United States and abroad.

As that debate roared, companies that had been looking at bringing jobs to North Carolina abandoned those plans, and the NBA, NCAA and Atlantic Coast Conference threatened to move their major sporting events to other states.

Though the replacement law stemmed some of those impacts, it fell short of satisfactory for Quinton Harper, a 32-year-old community organizer in Carrboro and advocate for people living with HIV.

Harper decided last year to join the lawsuit that will be discussed in court on Monday because he thinks HB 142 keeps a distressing environment in place.

“North Carolina is sending a message to LGBT people like me that we are not welcome here, that we are not deserving of protection from discrimination, and that we are not equally valued members of our communities,” Harper said in a statement last year when the ACLU amended the lawsuit to reflect the repeal of HB2 and the change in the executive branch from Republican Gov. Pat McCrory to Cooper, a Democrat.

Supporters of HB2 and rules surrounding bathroom use in state and government buildings characterize them as necessary to protect privacy in restrooms, locker rooms and showers, particularly at public schools.

They argue that children should be protected from confronting a person of the opposite sex in such situations.

Issues in a New Hanover County school

In court documents filed with the lawsuit this month, the ACLU, one of the groups representing the challengers, brought a new voice into the debate.

A New Hanover County mother and member of the ACLU of North Carolina contacted the organization in January 2018 with concerns about what her second-grader was experiencing in the New Hanover County school district.

The woman’s daughter is transgender, has been diagnosed with gender dysphoria and, as part of her treatment, has been advised to live as a female in all aspects of her life, according to the ACLU request to amend the lawsuit to include the second-grader.

“Despite having a letter from her daughter’s treating clinician indicating that her daughter should be allowed to live in accordance with her gender identity, the school bars (the woman’s) daughter from using the girls’ restroom because she is transgender,” Chris Brook, legal director of the ACLU of North Carolina, and attorneys from Lambda Legal stated in that court document.

The school told the child she could use the nurse’s restroom or the restroom in the teachers’ lounge, according to the court filing.

“She uses neither, because she feels humiliated and singled out as different for being the only student forced to use those restrooms,” the filing states. “When she has used the boys’ restroom, she has been confronted by other students who told her she was not supposed to be there.”

The second-grader asked to be allowed to use the girls’ restroom after the experience but was told that officials’ interpretation of HB 142 meant it was illegal for them to let her use those facilities.

“She continues to use the boys’ restroom while at school, exposing her to hostility, anxiety and humiliation,” Brooks and the other attorneys said.

The woman has noticed that her daughter avoids using any restroom during the day, which can lead to a rush to get home and occasionally accidents in the car.

By Anne Blythe/NewsandOberver
Posted by The NON-Conformist

CDC Denies Banning Words; Rights Group Projects Disputed Terms Onto Trump D.C. Hotel

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The Human Rights Campaign, working with artist Robin Bell, projected words like “fetus” and “transgender” onto the Trump International Hotel in Washington, D.C., on Tuesday night, to protest the words being included on a “forbidden” list circulating at the Centers for Disease Control and Prevention. A Washington Post report says staff were instructed not to use the words in budgetary documents.

The Department of Health and Human Services, which includes the CDC, has denied the report, calling it a “complete mischaracterization” of conversations about the annual budget. The CDC says that the words are not banned and that the organization remains “committed to our public health mission as a science-and evidence-based institution.”

According to the Post, high-level officials at the CDC were told not to use seven words — diversity, entitlement, evidence-based, fetus, science-based, transgender and vulnerable — while writing documents connected to next year’s budget.

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Posted by Libergirl

Transgender women attacked on Atlanta train as onlookers cheer, record video

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MARTA transgender attack

Image: Raw Story

Transgender women attacked on Atlanta train as onlookers cheer, record video (via Raw Story )

Two transgender women say they were attacked last week by several men on an Atlanta transit line as onlookers recorded video but did not intervene. Video of the attack was shared on social media, showing the men as they verbally harassed the pair May…

Posted by Libergirl



Had a chance to see former governor and all around loser Sarah Palin be a host on the Today Show, did they lose a bet? This woman is a dingbat, does she listen to herself. I’m so tired of her using the words: freedoms, free market, marketplace as if she understands what they mean. The interview she had with Matt Lauer was so telling. She blasted the President, easy to do, but she didn’t reveal the big picture. She doesn’t understand the big picture and seems to make a simplistic plea. Well, if it’s so easy to move the country forward Sarah,why didn’t you run? I thought government didn’t create jobs. She wants to be a libertarian so badly but she doesn’t have the knowledge to be, she doesn’t have the convictions to be and she wants to be loved and admired too much to be. Please spare me the going rouge crap, you undermined McCain’s campaign.

One segment on the show was about girls and self image, she had the nerve to say the marketplace should create shows for healthy self images for young girls. It sounds good in theory but does she want to regulate the market place? The market place is about sales, sales, sales and profits, profits, profits and oh, shareholders. A niche is whatever people want. But you can’t direct the marketplace, it moves as the financial need or want is available. Another word that needs to be loosed from her vocabulary is free market; WE DON’T HAVE A FREE MARKET AND NEVER WILL, does she even know what that anarchist word means. To all my anarchist friends I’m making a simple point, not against you, you understand why you believe the way you do. You can’t hold a government job and preach free market, it’s oxymoronic since a free market is an economy in which there’s no government interference in the form of regulation or subsidy and big business needs its corporate welfare. This woman makes my brain tingle.

To be a woman or not to be a woman, this case is bit disturbing. The Miss Universe Canada Pageant disqualified Jenna Talackova from the contest because she was transgendered. I’m all for people fighting for rights but this is ridiculous. For this to even have made news is disturbing. Is there a real argument, she/he didn’t meet the requirements stated on the entry form. YOU HAVE TO HAVE BEEN BORN A WOMAN, it would be different has she been born a hermaphrodite and had to choose but she was born a man. The Miss Universe Canada Organization got this one right, maybe she/he can be in the next Beyonce video.

I’m not the biggest fan of politics, simply ask Liberal Girl. It’s a dirty business and people don’t mind getting dirty. When Obama ran against Hillary, that was low brow politics. I’m pretty sure John McCain won’t forget what Bush Jr., did to him but it’s the overall racial aspect that makes me puke. Romney needs the Latino vote, so he going to pander to them… really. They both need the female vote, lets wait to see who gets it. Whoever panders the most should win. I’m feeling evermore puckey writing this. In the words of Bessie Smith, “No one cares about you, when you’re down and out.” WE should always care about people not races all the time. I just pucked!

I haven’t seen The Hunger Games yet, waiting for it to go to the $1.oo theater. What is funny is the black facing of comic book characters. It really doesn’t matter but how people make it personal is silly. The book Hunger Games mentions some characters having brown skin, so at least two of the characters in the movie have latte skin tones; meaning they are bi-racial. The writer of the successful book Suzanne Collins agreed with the premise, so should the fans. But to put out racist tweets is beyond me. What I’m laughing at  is most of the tweets are Indian kids calling blacks the N-word. I remember in high school when two Indian brothers came to my school, they were maligned for being who they were. For me having to see this now is crazy. For all the tweeters don’t be surprised when people that know you respond to your tweets . So much for the sensitizing of the youth, they’re still trying to figure it out. To all the Indian kids, dig yourselves, you haven’t exactly assimilated into popular culture just yet. My point is, other groups can be just as intolerant to you.

The NON-Conformist

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