MSNBC Chief Legal Correspondent Ari Melber stated that the Department of Justice’s action against North Carolina for their “bathroom law” is saying that North Carolina is engaging in discrimination by declared “you don’t have that right…to identify as the gender you choose,” on Monday’s “MSNBC Live.”

Melber said, “[T]he DOJ is taking the position that by excluding people from bathrooms based on their — shall we say — born gender, and not their chosen gender, or their gender identity…by gender identity, they basically mean what people identify themselves as. And so the state going in and saying, you don’t have that right, this is a matter of civil rights, to identify as the gender you choose, is itself discriminatory.”

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