Just one day after an LGBT rights organization filed a lawsuit challenging North Carolina’s much publicized and criticized homophobic and transphobic HB 2, North Carolina’s most powerful attorney has refused to defend the bill in court.
In a press conference, Attorney General Roy Cooper cited conflict with North Carolina’s Department of Justice’s policies, as well as the potential economic backlash against the state as two of the many reasons he gave for refusing to defend HB 2.
In his statements, Cooper said that:
“Not only is this new law a national embarrassment, it will set North Carolina’s economy back if we don’t repeal it. The threats to our economy will grow even darker the longer this law stays in effect.”
Although it is the position of the Attorney General’s office to defend the laws of the state against challenges in court, there are several examples of an AG refusing to defend a law they believe is unconstitutional. For example, many states’ Attorney Generals (include the United States Attorney General) refused to defend gay marriage bans in the years leading up to full marriage equality.
There is ample evidence that HB 2 will not stand up to legal scrutiny, and other recently passed anti-LGBT legislation in Georgia was vetoed this week by Governor Nathan Deal.
GOP Governor Pat McCrory can still appoint other counsel to defend the bill, but he faces a long battle against a growing barrage of fierce resistance. In addition to the lawsuits, a number of companies and organizations such as American Airlines, IBM, PayPal, and the NCAA have condemned the law as discriminatory and would consider withdrawing business from the state.
With the business world, public opinion, and now North Carolina’s highest legal office voicing forceful opposition against HB 2, it is now clear that McCrory and the legislators that passed this abhorrent law will soon be standing alone.
Watch Cooper below:
