The Wannabe Wallace

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Actually, those words were said by George Wallace in 1963 when, after three African-Americans were accepted to the University of Alabama and a federal district judge had to order that they be admitted, and Governor Wallace was forbidden from interfering, he stood defiantly blocking the doors to that institution.

When Deputy Attorney General Nicholas Katzenbach  told Wallace to step aside, Wallace interrupted Katzenbach and gave a speech that included the above words. Katzenbach called President Kennedy , who federalized the Alabama National Guard, and Guard General Henry Graham commanded Wallace to step aside, saying, “Sir, it is my sad duty to ask you to step aside under the orders of the President of the United States.” Wallace then spoke further, but eventually moved, and the students entered.

Certainly, Governor McCrory isn’t attempting to recreate that scene in front of ladies’ restrooms throughout his state.

Besides, since Wallace’s days, we have had such things as the Civil Rights Act enacted, as has been the Americans with Disabilities Act which would seem to be loosely relevant since people who are not psychologists and who are not taking time to learn what Transgender really means freely claim anyone who is Transgender must be sick.

According to the Department of Justice, North Carolina’s “Bathroom Bill” “stigmatizes and singles out transgender employees, results in their isolation and exclusion, and perpetuates a sense that they are not worthy of equal treatment and respect.”

McCrory may claim “states rights” and that if a state wants discriminatory laws they should be able to have them, but this is the United States of America, and citizens should be able to retain their rights as they move from state to state.

Jim Crow is dead.

According to Loretta Lynch, the Department Of Justice’s objection to the North Carolina law “is about the dignity and respect that we accord our fellow citizens and the laws we have enacted as a country to protect them and to protect us.”

North Carolina was given until Monday to repeal the law, or lose federal money, which would include millions of dollars in federal aid to public schools and the University of North Carolina,  because the law violates federal civil rights statutes.

Instead of complying, Governor Pat McCrory filed a lawsuit against the federal government claiming the Justice Department’s legal position was “a baseless and blatant overreach” and a radical reinterpretation of federal laws.

“Transgender status is not a protected class” under the law, the lawsuit said.

“The Obama administration is bypassing Congress by attempting to rewrite the law,” McCrory said during a briefing Monday before then asserting that he “wholeheartedly” supports fighting discrimination.
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“I want to ensure the people of our state and our country, North Carolina has long held traditions of equality.”

But President Obama has said strongly that the law is inconsistent with values of fairness and equality and justice.

North Carolina’s attorney general, Roy Cooper, said earlier when the law was passed that he would not defend the bathroom law in court, so McCrory had to hire two private law firms to draft and file the suit.

Of course, for convenience, the lawsuit omitted any mention of a separate provision of the Civil Rights Act that bars sex discrimination by public schools and that a federal appeals court ruled in April that the Act prohibits discrimination against transgendered students.

“A school generally must treat transgender students consistent with their gender identity,” the federal regulation said.

If the law was strictly related to Transgender people, although just as discriminatory and a violation of civil rights, that would be one thing, but the North Carolina law, exercising a bit of overreach itself, blocks an anti-discrimination ordinance passed by the city council in Charlotte, which McCrory had called “government overreach.”

Beyond any DOJ action, the law has already had negative effects on the state as multi-billion-dollar companies continue to withdraw investment from the state as some residents move to “friendlier” locations.

And the state faces lawsuits by individuals and various civil rights organizations, including the ACLU.

“Transgender people work for the state of North Carolina, attend school in North Carolina, and are a part of every community across the state. It is unconscionable that the government is placing a target on their backs to advance this discriminatory political agenda,” the ACLU has said. “Lawsuits are normally filed to stop discrimination — not to continue it.”

He may be standing at the restroom door attempting to be some sort of Wallace wannabe, but the people McCrory is facing are not the ones Wallace did in 1963.

 

(a word of thanks to James Nimmo of OKC)

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