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North Carolina's Bathroom Law

Discussion in 'Chit Chat' started by ThetasTrust, Apr 22, 2016.

  1. ThetasTrust

    ThetasTrust Guest

    Why can't congress just overturn the law? Would that violate the 1st amendment of the constitution or is it because of something else. Last I checked the national law goes above that of the state law. I may sound a bit naive but it's been troubling me for a bit
     
  2. Matto_Corvo

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  3. ThetasTrust

    ThetasTrust Guest

    Thanks that makes things clearer.
     
  4. AlamoCity

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    I don't think there is even case law to deal with discrimination for being married to a person of the same sex, which is now constitutionally guaranteed by the latest Supreme Court ruling.

    The "bathroom bills" fall under discrimination on gender identity. Federal Equal Emplyment Opportunity Commission claims it falls under sex discrimination provisions, but that doesn't cover all aspects of life and we still need more binding precendent for enforcing this.

    Also, Congress won't be passing any gender discrimination protections thanks to the conservatives in Congress.

    Best bet: the federal courts.
     
  5. THings that aren't part of the federal gov't's duties are delegated to the states, so NC can do this.

    I find that it's better to leave things to the states, because it's much easier to fight for/against a bill when it's more localized.
     
  6. Daydreamer1

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    I think Obama made a statement telling the states they should seriously overturn their rulings, but I'm pretty sure that's not going to be convincing.
     
  7. ThetasTrust

    ThetasTrust Guest

    He did very recently.
     
  8. BryanM

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    I think that possibly the EEOC or another entity could sue the state and say that this is a violation of Title IX and is sex discrimination, although this would only affect federally funded Universities and education programs. However, a ruling may potentially throw the entire law if broadly interpreted. Also, the court systems may deem this law unconstitutional as well because of the Romer v. Evans decision in 1996.
     
  9. PatrickUK

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    I think it's a case of holding firm and allowing the pressure to tell over time, as it surely will.