RALEIGH, N.C. (AP) — After weeks of taking a beating from critics over North Carolina’s law dictating which restrooms transgender people can use, Gov. Pat McCrory adopted a strategy long favored by Southern conservative governors: He went after the federal government.
The governor, trying to reshape the narrative as he fights for his political life, sued the Obama administration last week and accused officials of yet another overreach into state business. He said a court, not a federal agency, should dictate what the law known as House Bill 2 requires. The Justice Department sued him hours later over the law, with U.S. Attorney General Loretta Lynch casting the fight in stark civil rights terms.
“It’s been successful in changing the discussion from one about the business community and its reactions to H.B. 2 to one that’s more about the state’s rights versus the federal government intervention,” said David McLennan, a political science professor at Meredith College in Raleigh.
The fight, just months before McCrory faces a tough re-election battle, centers around a Justice Department directive that says not allowing transgender people to use facilities matching their gender identity broke the law and puts at least $1.4 billion in education funding at risk. It’s not the first time McCrory has called out the federal government: He joined a lawsuit challenging Obama’s executive action on immigration and his administration has fought regulation of small streams and power plant emissions. He also joined a brief last fall siding with a Virginia school district in its efforts to dictate school bathroom use on the basis of biological sex.
Hundreds of corporate executives, trade groups and other organizations have called for North Carolina to repeal the law. Some businesses have scaled back North Carolina investments or canceled projects, including PayPal, which stopped construction of a call center, costing the state 400 jobs. Entertainers from Bruce Springsteen to Pearl Jam canceled shows in protest of the law, which also limits local government anti-discrimination protections for lesbian, gay, bisexual and transgender people.
Refusing to capitulate to the federal government is fraught with peril, especially when civil rights laws are involved. Previous Southern governors, particularly those in the 1950s who tried to defy federally-mandated school integration, are forever defined as roadblocks to racial equality.
Lynch hinted at that past in announcing the lawsuit, saying North Carolina’s law created “state-sponsored discrimination.”