The controversy surrounding North Carolina’s House Bill 2 has moved out of the bathroom and into the court room.

Last Monday, the Obama administration’s Justice Department filed a federal civil rights lawsuit over the state’s “bathroom bill,” after North Carolina state officials had already sued the federal government over regulators seeking to stop the implementation of their legislation. Attorney General Loretta Lynch likened North Carolina’s bill to Jim Crow laws that discriminated against black Americans: “It was not so very long ago that states, including North Carolina, had signs above restrooms, water fountains and on public accommodations keeping people out based upon a distinction without a difference.”

Presumably, gender identity is no longer a distinction with a difference in the eyes of the federal government. The “bathroom bill,” also known as the “Public Facilities Privacy & Security Act,” seeks to ensure that public restrooms and locker rooms be used separately based upon the biological sex of those who use them. North Carolina’s public university system also came out on Monday against the state, and told the Justice Department that they would defy the governor’s orders and comply with federal law. This commitment to the Justice Department’s perception of federal law, however, only came after the federal government had threatened to deprive UNC of federal funding if the school sided with their state’s legislature.

How exactly does this bathroom bill violate federal law? According to the Justice Department, North Carolina’s bill violates equal protection for the sexes as guaranteed by Title VII of the Civil Rights Act and Title IX of the Education Amendments. Ultimately, a women who does not want to go to the bathroom with a man sitting next to her is now a bigot equivalent to the white supremacists of the 1960s.

This Department of Justice’s logic, however, requires the state to recognize transgender citizens as somehow equal to and indistinguishable from biological males and females. But a man who identifies as a women, yet does not biologically resemble one, is no more a woman than a skinny person is actually obese if he or she suffers from body dysmorphic disorder.  In fact, many medical professionals–including renown Johns Hopkins Medical School psychiatrist Dr. John McHugh–recognize that gender dysphoria is a real psychiatric disorder that should be treated, not catered to by society.

If our public officials cannot even pass legislation in accordance with biological delineations between sexes, but instead must take into account the left’s ideology of fluid gender identifications that trump biology, then sex and gender will cease to exist as distinct characteristics within our society.