In Midst of Backlash Surrounding North Carolina's Anti-LGBT 'Bathroom Bill,' Hate Group Offers to Defend State
An anti-trans "bathroom bill" passed in North Carolina is churning up something of a national outcry. And now it seems the anti-LGBT Liberty Counsel, which defended Kentucky clerk Kim Davis, is ready to step into the mix and defend the state.聽
Since March 23, when North Carolina governor Pat McCrory signed a controversial bill blocking cities from allowing transgender individuals from using public bathrooms for their identified gender, the outcry over the bill has garnered national attention.
Ninety prominent business leaders calling for a full repeal of HB-2, the Public Facilities Privacy and Security Act. Among the companies they represent are Apple, IBM, Starwood Hotels, Intel, Miramax, Google Ventures, American Airlines, Citibank, AirBnB, Levi Strauss, and Bank of America. , like Dow and Biogen, have made their opposition to the bill public on social media.
Meanwhile, the mayors of Seattle, San Francisco, and New York City 鈥� along with the governor of New York 鈥� have banned publicly funded employee travel to North Carolina.
Amidst the very public outcry, the American Civil Liberties Union of North Carolina, Lambda Legal, and Equality North Carolina against North Carolina because of the bill鈥檚 targeting of transgender individuals, especially with regard to bathrooms.
Given the very public nature of this battle, it was probably only a matter of time before the anti-LGBT hate group Liberty Counsel got involved
On March 30, the Liberty Counsel announcing it had written to North Carolina Speaker of the House Tim Moore and President Pro Tempore Phil Berger in which it stated that it 鈥渉ereby offers its services as a pro bono public interest law firm in defense of the Act.鈥� The letter went on to comment on the 鈥渄isturbing commentary on modern legal ethics鈥� demonstrated by attorney general Roy Cooper, who to defend the state in the lawsuit, calling the law 鈥渁 national embarrassment鈥� that 鈥渨ill set North Carolina鈥檚 economy back if we don鈥檛 repeal it.鈥�
The Liberty Counsel, which famously called for disobeying the Supreme Court鈥檚 decisions and defended Kentucky clerk Kim Davis, who refused to issue same-sex marriage licenses, brings with it a ugly history of misstatements and ugly anti-LGBT rhetoric.
During the Davis battle, for example, the Liberty Counsel made several claims that were disproven, including that Davis had a and that a for her was held in Peru . Mathew 鈥淢at鈥� Staver, the director of the Liberty Counsel, also falsely claimed that had called for killing Kim Davis. The Liberty Counsel issued a correction with regard to 鈥淭he View,鈥� and they used in the Peru claim was not what they had thought, but they blamed a Peruvian congressman for the photo.
Staver, who has often linked homosexuality to pedophilia, that the trans-friendly policy of Macy鈥檚 department stores could lead to an increase in rape and sexual assaults of women in fitting rooms. A 2015 Liberty Counsel press release :
The push for transgender rights is all a part of the homosexual agenda to create sexual anarchy in order to destroy marriage, morality, and objective truth.
The Liberty Counsel has also been involved in a push to keep LGBT materials out of schools. Last year, against a Wisconsin school district for assigning a book called , about a real-life transgender child鈥檚 experience.
Despite children being allowed to skip the reading and discussion of the book if their parents wished, the Liberty Counsel threatened a lawsuit to prevent all of Wisconsin鈥檚 schools from assigning the book.
In December 2015, the Liberty Counsel against the inclusion of sexual orientation and gender identity in the Fairfax County, Va., School District鈥檚 anti-discrimination policy. The suit the following year, but the group has appealed.聽
Three months later, in February, Brevard County, Fla., killed a proposed non-discrimination and equal employment policy for LGBT people in the public schools. Liberty Counsel was involved in that battle, too. The group to the school board chairman prior to the vote that included warnings about 鈥渂oys and men claiming a female 鈥榞ender identity鈥� to enter and use the restrooms, locker rooms, and other areas previously affording privacy to girls and women.鈥�
With such a history of legal entanglements, North Carolina鈥檚 new law seems tailor-made to draw the Liberty Counsel鈥檚 interest.
The bill鈥� during a hastily convened special session of the state legislature鈥攔evokes and bans any LGBT protection measures in the state. It specifically targeted the city of Charlotte鈥檚 , which allowed transgender individuals to use public bathrooms in accordance with their gender identities.
The new measure was slated to go into effect April 1, but the state legislature convened the special session to prevent that. Senate Democrats , claiming they had not been allowed to participate in the bill鈥檚 process. 鈥淲e witnessed an affront to democracy,鈥� Sen. Dan Blue, D-Raleigh, the minority leader, said.
The overturns Charlotte鈥檚 ordinance and prevents any local governments from passing their own non-discrimination ordinances. It also mandates that students in the state鈥檚 schools use bathrooms corresponding to the gender listed on their birth certificates, playing on fears that male predators will pretend to be women or trans women and sneak into women鈥檚 restrooms or locker rooms to accost or molest women and girls.
The bill includes a few other provisions, including preventing any city in the state from enacting minimum wage bills higher, and it overall, removing the right of employees to sue on the basis of discrimination in state courts. Employees now have to file federal lawsuits, which involve a different process often with shorter statutes of limitations and higher fees.
But the overwhelming issue remains the denial of access to public bathroom facilities for trans people and the removal of sexual orientation and gender identity from non-discrimination policies.
The rhetoric behind these so-called 鈥渂athroom bills鈥� relies on generating fear and drumming up support behind the fictitious worry of men sneaking into women鈥檚 restrooms 聽鈥撯�� a . The rhetoric was effective last fall, when Houston voters repealed a non-discrimination ordinance that included sexual orientation and gender identity. Such rhetoric continues to fuel anti-trans 鈥渂athroom bills鈥� in schools and legislatures.
Media Matters may have come from some of the anti-trans school policies that anti-LGBT group Alliance Defending Freedom (ADF) has been .
ADF, which the passage of the North Carolina law, is an organization devoted to initiating right-wing legal challenges to things considered 鈥渁gainst religious liberty.鈥� In the past, it has emailed public school districts across the country to 鈥渁dvise鈥� them of its recommended 鈥淪tudent Physical Privacy鈥� policy. Last year, ADF released a model state-level bill that would prohibit all public school transgender students from using any facility in accordance with their gender identity. Media Matters noted that Nevada, Minnesota, Kentucky, Wisconsin and Texas have all proposed versions of ADF鈥檚 bill.
ADF has been involved at least peripherally in anti-LGBT battles in North Carolina for over a year. , executive director of the North Carolina Values Coalition, was the lead anti-LGBT activist who opposed the Charlotte ordinance and was one of the major forces behind North Carolina鈥檚 2012 amendment to ban marriage equality. Her notes that she is an ADF allied attorney.
