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North Carolina Governor Fights to Uphold GOP’s Anti-Transgender Law (Updated)

At stake is $861 million in federal funding for public education, which the state would be in danger of losing if it implements the bathroom discrimination measure.

“The Obama administration is bypassing Congress by attempting to rewrite the law and set restroom policies for public and private employers across the country, not just North Carolina. This is now a national issue that applies to every state and it needs to be resolved at the federal level,” McCrory said. NBC News / YouTube

UPDATE, May 9, 4:32 p.m.: The U.S. Department of Justice on Monday afternoon filed a counter lawsuit against North Carolina, Politico reports. The lawsuit reportedly seeks a preliminary injunction to block implementation of the state’s anti-transgender bathroom discrimination law.

North Carolina Gov. Pat McCrory’s (R) administration filed a lawsuit Monday against the federal government in defense of the state’s anti-transgender bathroom discrimination law, after the U.S. Department of Justice (DOJ) charged that North Carolina violated the Civil Rights Act of 1964.

The DOJ sent a letter last week to the McCrory administration informing state officials that they had until Monday to confirm whether the state will comply with the Civil Rights Act or implement HB 2.

At stake is $861 million in federal funding for public education, which the state would be in danger of losing if it implements the bathroom discrimination measure, according to the Charlotte Observer.

McCrory said in a statement that his administration filed a “declaratory judgment action asking the federal courts to clarify federal law.”

“The Obama administration is bypassing Congress by attempting to rewrite the law and set restroom policies for public and private employers across the country, not just North Carolina. This is now a national issue that applies to every state and it needs to be resolved at the federal level,” McCrory said.

North Carolina Republican lawmakers convened a special legislative session in March and passed HB 2, which overrode the nondiscrimination ordinance passed by the Charlotte City Council.

HB 2 prohibits local governments from implementing nondiscrimination ordinances. The measure requires that people use the restrooms in public schools or government buildings designated for the gender listed on their birth certificate, among other provisions.

The American Civil Liberties Union (ACLU), the ACLU of North Carolina, and Lambda Legal issued a joint statement last week in light of the DOJ’s response to the Republican-backed HB2, and called for state legislators to repeal the law.

“The only way to reverse the ongoing damage HB 2 is causing to North Carolina’s people, economy, and reputation is a full repeal,” the statement said.