STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR PAT MCCRORY GOVERNOR May 18, 2016 The Honorable Paul Ryan The Honorable Mitch McConnell Speaker Majority Leader U.S. House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510 The Honorable Nancy Pelosi The Honorable Harry Reid Minority Leader Minority Leader US. House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510 Dear Speaker Ryan, Leader McConnell, Leader Reid and Leader Pelosi, Within the past two weeks, the Obama Administration has glaringly overstepped its constitutional authority through two separate actions that threaten businesses, universities and public school systems throughout the United States. I request that Congress address new, complex and emotional issues requiring the leaders of this great nation to balance long-standing social customs and practices with emerging issues that impact all Americans. In a letter issued by the Civil Rights Division of the U.S. Department oflustice on May 4, the Department articulated a novel and sweeping interpretation of the Civil Rights Act of 1964. A number of civil rights statutes protect our citizens on the basis of race, color, religion, national origin, sex, age and disability. Congress has not uniformly extended these important protections in federal law, however, to include sexual orientation or gender identity. Nevertheless, the Department of Justice bypassed Congress and the administrative rulemaking process by unilaterally declaring that the protections Of the Civil Rights Act of 1964 now include sexual orientation and gender identity. This new interpretation extends to all businesses that employ more than 15 employees and to all universities. One week later, on May 13, the U.S. Departments of Education and Justice released "joint guidance? to all public school districts, colleges and universities throughout the United States. In the press release accompanying the agencies? letter, they stated that ?[u]nder Title of the Education Amendments of 1972, schools receiving federal money may not discriminate based on a student?s sex, including a student?s transgender status. The guidance makes clear that both federal agencies treat a student?s gender identity as the student?s sex for purposes of enforcing Title This will, in turn, change common practices in school restrooms, locker rooms, and shower facilities. 20301 MAIL SERVICE - RALEIGH, NC 27699-0301 - TELEPHONE: 919-8l4-2000 Once again, unelected of?cials within the Obama Administration bypassed the Constitution, Congress and administrative law procedures, unilaterally and unlawfully imposing their will and interpretations on each and every school district throughout the United States. The threat of any federal agency to withhold federal funding from any state based on its unilateral and novel interpretation of a federal law is unprecedented and indefensible. These funds were authorized and appropriated by Congress. The Obama Administration now suggests that its new interpretation of civil rights laws apply to all states, cities, universities, public schools and private sector employers who employ more than 15 employees. Due to the inaction of Congress to define boundaries and provide clarity on this important and emerging issue, millions of Americans, businesses, educators and elected leaders continue to live and operate under a chaotic system of con?icting laws, regulations and judicial interpretations that have created a cloud of uncertainty in areas ranging from employment, education, housing and access to public spaces and services. The Obama Administration has rapidly elevated and transformed this issue to a divisive national dispute. Courts will ultimately provide rulings on the federal cases that are currently pending and those that will inevitably be ?led across the county in the wake of the Administration?s aggressive actions. These important issues should not be resolved through edicts from unelected of?cials at federal agencies or from judges scattered throughout the country who will render decisions that are not consistent from region to region. The time has come for Congress to seek a long-term and comprehensive resolution through legislative action and bring long-term clarity to our national non-discrimination laws. Congress should examine these issues and craft policy and legislation through regular order in both chambers. 1 do not presume to tell Congress what that policy should be, but the adoption of federal legislation addressing that question will bring uniformity to the current hodgepodge of federal, state and local laws that address discrimination. I wholeheartedly embrace and enforce nondiscriminatory laws and practices and urge Congress in the strongest possible terms to address this overreach of the Executive Branch, provide clarity to this important issue and put an end to this contentious debate. overnor Pat McCrory State of North Carolina cc: North Carolina Congressional Delegation Governors of the United States and Territories