If NC Gov. McCrory were smart, he'd use the Fourth Circuit ruling to escape his HB2 debacle

Kerry Eleveld

Daily Kos Staff

Wednesday April 20, 2016 · 12:33 PM PDT

2016/04/20 · 12:33

WASHINGTON, DC - FEBRUARY 23: North Carolina Governor Pat McCrory holds a news conference with fellow members of the Republican Governors Association at the U.S. Chamber of Commerce February 23, 2015 in Washington, DC. Republican and Democratic governors met with U.S. President Barack Obama at the White House Monday during the last day of the National Governors Association winter meeting. (Photo by Chip Somodevilla/Getty Images)

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The U.S. Fourth Circuit Appeals Court handed Gov. Pat McCrory a gift Tuesday when it ruled that not allowing transgender students to use the bathroom corresponding with their gender identity is a violation of Title IX. McCrory had previously assured his constituents that HB2 would not threaten the flow of federal education funding, making reference to “a federal court which has looked at a similar issue.” Well, whichever court that was has now been trumped by a Federal Appeals court that very specifically reviewed transgender bathroom use in the context of public schools.

Now billions of dollars in federal funds for North Carolina schools are clearly on the chopping block and McCrory could use that reality as an escape hatch from his HB2 disaster.

In response to the ruling, McCrory groused a bit about “brand new standards” for bathroom use then acknowledged that the decision’s impact on North Carolina law would have to be evaluated:

“As governor, I will uphold my oath of office and respect these court rulings and make sure these court rulings are abided to, because I'm sworn to do just that. [...] In the meantime, I've got to get an evaluation from our lawyers on: Does this mean everyone has to go back, or initiate these new standards of demanding that our public schools or high schools allow boys who have a gender identity of a girl be allowed to use a girl's restroom, locker room, or shower facility?"

This is where McCrory has an opening, and given the fact that North Carolina’s economy is still suffering blow after blow and McCrory’s poll numbers are taking a hit, one might imagine the rational response would be to throw up your hands and say, “The courts made me do it.”

But McCrory is caught between that unsettling reality and an entrenched ignorance that’s swallowing the state whole. Not only are right-wing groups urging lawmakers to sign a “loyalty pledge” not to alter HB2, but state Senate Leader Phil Berger immediately issued his own hysterical response to the Fourth Circuit decision:

”People need to wake up: Roy Cooper, Barack Obama, and two unelected federal judges are on the verge of completing their radical social reengineering of our society by forcing middle school-aged girls to share school locker rooms with boys.”

Berger went on to say that HB2 was their “effort to stop this insanity” and he hoped the ruling “proves” that the law’s not about discrimination but rather "keeping men out of girls' bathrooms." (Nice touch, not just “womens’ bathrooms,” now it’s “girls’ bathrooms.”)

McCrory seems to have followed Berger’s lead (the guy’s so obviously astute and levelheaded) and dug in with his own fundraising dispatch in the wake of the decision:

What can I say? Only that I’m deeply disappointed by what the ACLU, Roy Cooper and President Obama have done to force schools to allow boys and girls to share restrooms and locker rooms. That’s essentially what happened when a federal court ruled in their favor today over North Carolina children. Is there any common sense left in this country?

Not if we’re judging by you, McCrory.

The chair of the Republican Governor’s Association—New Mexico’s Gov. Susana Martinez—even cancelled a speech she was supposed to give at the North Carolina GOP convention in two weeks, likely because she couldn’t afford to be pictured with McCrory, let alone visit his state. McCrory still hasn’t gotten the hint—he’s become a walking political pariah anywhere outside of North Carolina.

If NC Gov. McCrory were smart, he'd use the Fourth Circuit ruling to escape his HB2 debacle

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