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Responding To Attacks On HB 2

Family Policy Matters / NC Family Policy
The Cross Radio
April 14, 2016 12:00 pm

Responding To Attacks On HB 2

Family Policy Matters / NC Family Policy

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April 14, 2016 12:00 pm

NC Family president John Rustin talks with Kellie Fiedorek, legal counsel with Alliance Defending Freedom (ADF), about a lawsuit the American Civil Liberties Union (ACLU) filed recently against North Carolina’s new law, HB 2, the Public Facilities and Security Act, which has been under attack from LGBT activists and the media since it became law on March 23.

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The right kind of fee mean anything mean that women and girls should not be can allocate you can is family policy with Pres. John Weston thank you for joining us. Our guest today is Kelly for Doric legal counsel with alliance defending freedom where she serves on the marriage and family team. ADF is an alliance building nonprofit legal organization that advocates for the right of people to freely move about their faith and Kelly can be talking with us about a lawsuit, the American Civil Liberties Union filed recently against North Carolina's new law the public facilities and security or house bill to which was passed by the Gen. assembly and signed into law by Gov. Pat McCoury on March 23. The governor are legislative leaders in this critically important piece of legislation have been under major attack on LGBT activists.

The mainstream media answer major corporate interest. Kelly, welcome to the program and cannot count how many on well it's great to have you with us on family policy matters and Kelly were so appreciative of the great work that you do lots defending freedom and all the assistance that you have provided to us and other allies in North Carolina is we have been working to see the passage of this legislation and Kelly before we begin to talk about the lawsuit filed by the ACLU. I wanted to talk for just a few minutes about the bill itself. The public facilities and security act, HB two because there's a lot of misinformation and frankly outright lies that are being circulated by opponents of the bill and these falsehoods are also being parroted over and over again by other allies in the media is really like nothing I've ever seen before. Kelly tell us about how slow to do and why it was even necessary. So right there have been so many live in a separate patient about this very commonsense piece of legislation that that GA called a special session queuing in my spot to overreach by the city Council and in Charlotte and what HB to dad the public display privacy and security act simply clarify that public bathrooms block around showers are limited to persons of the same biological facts, but it really important in ensuring that that women especially children will enjoy privacy when when you can eventually not be forced to to shower, change in front of grown men was really unwieldy, or even having to have this conversation and I know a lot of people across the state feel the same way.

This is just and shocking. It was shocking when the Charlotte to the Council past ordinance changes that they did back in February and then this great outcry ensued across the state and fortunately are legislative leaders took up this legislation passed to them about same day the governor signed the bill into law. One of the important things which you already referred to that house bill two does is to set a statewide standard regarding the use of and access to restrooms in public facilities across North Carolina. You mentioned that one is it important to have one standard across the state instead of a patchwork of different policies in cities and counties around were Carlotta acting against future attempts to email the fundamental right to privacy in other venues across the state. This also ensures that it clarifies that under the Canada Constitution state and not the local theater at any of the parties that that is responsible for getting the lies that regulate commerce on the employment issues is about good for business continuity that whether you're in Charlotte or Valley of Winston-Salem your ear the same lot apply that everyone is treated fairly and equally good for trade good for the economy well enough. The policy that North Carolina has had in place for many many many years and we are what is referred to as a Dillon's rule state where cities and counties in North Carolina do their full authority from the state constitution and from the Gen. assembly, so cities and counties as you said, do not have the legal authority to go out on their own and make policy in certain areas of the law and that's exactly 1 of the major reasons that led the Gen. assembly to come of the session because the Charlotte city Council went beyond their authority in enacting those ordinance changes that they do in the legislature. In a sense, had the real them back in GA was doing my simply clarifying what is already a lot hi Charlotte overreach and violated that you are listening to policy matters resource to listen to our radio show online resources have a place of persuasion in your community to our website collecting.

We generally are supportive of a government that's close to the people, but there have been long-standing policies in North Carolina that are state lawmakers that are duly elected by people to represent them across the state and come to Raleigh to meet. I have the authority to pass low statewide policies and that it's in the benefit of the state and also for business and commerce to have consistent policies across the state so that businesses and individuals that work in operating the business environment have consistency from locality to locality. Now let's talk about ACLU lawsuit, which was filed on March 29 really before the ink was even dry own house bill two. In addition to the ACLU. One of the groups are involved in this legal challenge and who are they representing ACLU quality.

North Carolina has also filed suit saying number of individuals, several of him on our transgender individuals it interesting that that they filed a lawsuit because North Carolina acted everyone's privacy by ensuring that bathrooms showers block around intimate settings remain private and based on one's biological facts, but a lot of authors accommodations I kiddos the special circumstances… It's really surprising to see this challenge and be really anyone opposed the common sense measure well it really is common sense that men toe in the men's bathroom's women doing women's bathrooms and like you say there accommodations are made in the law and public schools, and other entities have undertaken to allow for individuals to use a single stall restroom are changing room if they feel that using another facility would be uncomfortable for them.

So there are efforts to make accommodations but that has not done sufficient for some and then we see the ACLU and other groups like lambda legal Defense file this lawsuit. Now I know that ADL has described the ACLU lawsuit against House Bill two is baseless. We at the family policy Council have read the lawsuit and just found it to be staggering in the statements that are made misguided representations that it makes and statements that are really just, pulled out of Finnair that are presented here with no backup with no basis and it's been entered into a court of law. It really seems like a frivolous lawsuit that should not even be considered by the North Carolina Ct. to federal courts for that matter, and it was actually filed in federal court.

Talk about a little bit present from us alive Gen. assembly last week.

Privacy act is perfectly constitutional and that the claim that the other side making Dulac narrate the equal protection argument that a lot of not violate the equal protection clause ever started because all males are treated the same as all females under the law will apply to only look at a person's biological facts doesn't look at their gender identity or other characteristics and type alive is really blind characteristics to fill it fairly applies to everyone now allows every person to enter the bathroom that corresponds with the biological section and federal law says that as long as everyone is given equal access to comparable facilities so you want to make sure that that the men's room is not cleaner in the women's restroom. But as long as the comparable facilities is perfectly permissible and and and constitutional for the benefit of our listeners.

I think it's important not to an individual undergoes sexual reassignment surgery. They have the ability under North Carolina law to change the designation on the birth certificate and so it would accommodate individuals who have that in operation, not to kill you talk about federal law little bit. One of the things of the lawsuit challenges is that it says it's a violation to federal law known as title. First of all what is taught and what is it have to do with house bill to federal law that way back in the early 1970s, and it was not.

To remedy out a long history of denying women equal opportunities for education and so essentially what that eighth year he was trying to do is take a lot of commitment to protect women and have hijacked it on attempting to redefine fax just a little bit of skin on this. I like to read just a couple of claims that are made in this lawsuit to give our listeners a little bit more about direct understanding the lawsuit says and I quote the gender marker on the birth certificate is designated at the time of birth generally based upon the appearance of external genitalia. However, determinations of sex can involve multiple factors such as chromosomes, hormone levels, internal and external reproductive organs and gender identity, and then the next sentence in this lawsuit says gender identity is the primary determinant of sex Kelly. I think that is exactly what you're just talking about about the interest here. The ultimate goal is creating a genderless society so that any kind of activity or identity that an individual wants to undertake would be forced on society to accept as perfectly normal and equal to every other standard. What are your thoughts about that. I agree and that's really really unfortunate because as a lot I can find logical fact that it's based on the facts at wits when you're born with. It also went on on your birth certificate and really the only objective sensible and flexible policy on which to ensure that these private areas continue to remain specific and and private has to be based on what your biological fact that is not on any other type of characteristic or feeling our inclination on the day because Wheatley know that that either.

Oftentimes fluid and that are not consistent objective way to ensure that men continue to use the mat men's room and and women continues the women's room for Kelly. Our state leaders North Carolina including Gov., Cory's house bill two on the wall been under constant attack from the media from some big corporations and of course from the LGBT or lesbian, gay, bisexual and transgender lobby since the law's passage.

What you believe we are seeing such hostility toward this commonsense wall and those who supported it really is shocking and were any companies threatening to boycott north Carolina on this law that mother really doing is protesting the right young girls to enjoy privacy and security, and unbelievable to me how we can see them weighing and against such important measure how they have become essentially time to promote this identity key to create a genderless society MBA is publicly opposing that I'm choosing instead to support policies that literally force the men contract in China present of man is his milliamp unfortunate and the right to privacy means anything, it certainly must mean that women and girls should not be compelled to undress Schaller use the restroom in the presence of men Kelly before you go, what encouragement would you offer to our listeners and especially to our state leaders and others who may feel overwhelmed by the constant attacks the vicious attacks against House Bill two and its supporters wasn't so critical that we hold the alarm so to speak, and stand up for the small and for North Carolina's right to enact them. First of all find there for their bones for their courage. They are on the right side of history and on the right side of this issue. There may be a lot of polarizing issues in our country right now but there's nothing polarizing about protecting the safety and security of our children and in their future because that's really look at stake here is ensuring that they can go to the bathroom and feel safe and secure.

When I got to the door so I would encourage everyone to commute. Continue to pray for the leaders play for those who filed this lawsuit and and continue to to advance what is most the most important thing which is a safety privacy to security of our young girls, but absolutely Kelly with that we are out of time for this week will give you an opportunity to let our listeners know where they can go to learn more about lobster pending freedom. Certainly if you go to ADS legal.OIG.

You can find out more about and about our work.

To protect freedom, and in the right to privacy and how he left a partner within the family. Greater Kelly snorkeling.

Thank you for taking, out of your very busy schedule and works just so grateful for you for your great work for your work, your North Carolina helping to pass House Bill two and just want to wish you the best and may God continue to bless you in your effort. Thank you John, thanks much for having me on family policy matters. Production of MC family to listen to our radio show online valuable resources and information about issues important to families in North Carolina website and see family.org follow us on Twitter and Facebook and