Yesterday, Attorney General Loretta Lynch held a press conference announcing that the Department of Justice is suing the North Carolina about House Bill 2, signed into law March 23, 2016. Officially known as ‘An Act to Provide for Single-sex Multiple Occupancy Bathroom and Changing Facilities in Schools and Public Agencies and to Create Statewide Consistency in Regulation of Employment and Public Accommodations,’ and legislates that individuals may only use restrooms that correspond to the sex on their birth certificates.
Several times, Lynch lied as she spoke:
“In so doing, the legislature and the governor placed North Carolina in direct opposition to federal laws prohibiting discrimination on the basis of sex and gender identity.”
The specific federal law she is citing is the 1964 Civil Rights Act’ which outlaws discrimination based on race, color, religion, sex, or national origin. It does not include ‘gender identity,’ and ‘sex’ under this law is defined as biological at birth.
“While the lawsuit currently seeks declaratory relief, I want to note that we retain the option of curtailing federal funding to the North Carolina Department of Public Safety and the University of North Carolina as this case proceeds.”
The Department of Justice, which falls under the Executive branch, does not have the authority to halt the funding of any establishment. That power is only given to the Congress, which is delegated to that body by the State’s and thus the people.
“And it’s about the founding ideals that have led this country – haltingly but inexorably – in the direction of fairness, inclusion and equality for all Americans.”
Those three words, ‘fairness, inclusion, equality,’ do not appear in the U.S. Constitution and therefore cannot be expressed as ‘founding ideals.’ Meanwhile, ‘life, liberty, happiness,’ do appear in the Declaration of Independence.
“And we saw it in the proliferation of state bans on same-sex unions intended to stifle any hope that gay and lesbian Americans might one day be afforded the right to marry. That right, of course, is now recognized as a guarantee embedded in our Constitution, and in the wake of that historic triumph, we have seen bill after bill in state after state taking aim at the LGBT community.”
For such a ‘right’ to be ‘embedded in our Constitution,’ it would first have to be passed by Congress and then ratified by the States. Instead, she is choosing to confuse a supreme Court opinion with an Article 5 activity that must first begin in the Legislative Branch and not the Judicial Branch.
“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.”
Finally, Lynch has no Constitutional understanding of her position within the federal government. She does not work for the DOJ or the Obama Administration as she contends. She is sworn to uphold and defend the entire U.S. Constitution, not create ‘new law’ protecting the rights of a singular population, but the rights of all.