The Corner

The Department of Justice Just Declared War on North Carolina

To exactly no one’s surprise, the Obama Department of Justice has sent a letter to North Carolina governor Pat McCrory demanding that that the state “not comply with or enforce H.B. 2″ — it’s so-called transgender bathroom law. The reason? The DOJ claims that it violates Title VII, a statute that doesn’t reference sexual orientation or gender identity at all — a statute that the Obama administration and various activist courts have purported to lawlessly expand entirely by executive and judicial fiat. Indeed, the EEOC last year unilaterally declared that “Equal access to restrooms is a significant, basic condition of employment, and that denying transgender individuals access to a restroom consistent with gender identity discriminates on the basis of sex in violation of Title VII.”

Is there a single person who believes that the Congress that passed Title VII believed that it was doing away with the distinction between male and female — making it completely dependent on individual preference — and thus granting men access to women and girls in bathrooms, lockers, and showers? LGBT activists used to be angry with the Obama administration for its failure to pass or even press hard for ENDA, the Employment Non-Discrimination Act, a bill that would have added sexual orientation and gender identity as protected classes in federal employment law. But passing bills is so tiresome and inefficient, especially when a mere memo can change the law, and the Obama administration can be confident that leftist judges will uphold most anything done with Obama’s ”pen and phone.”

The letter claims that North Carolina treats “transgender employees, whose gender identity does not match their ‘biological sex’ . . . differently from similarly-situated non-transgender employees.” This is a howler. I wonder . . . will the DOJ intervene to defend the state from liability the first time a woman or child is assaulted in a bathroom by a man who was granted a legal right to be there? Quack science meets quack law, and social justice warriors rejoice.

David French is a senior writer for National Review, a senior fellow at the National Review Institute, and a veteran of Operation Iraqi Freedom.

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