North Carolina Democratic Attorney General Roy Cooper announced on Tuesday that his office would not defend the constitutionality of House Bill 2, which – among other things – repeals the Charlotte City Council’s decision to extend the city’s nondiscrimination ordinance to the LGBT community.

Cooper began addressing reporters by saying, “We should not even be here today.”

Cooper added, “We’re here because the governor has signed statewide legislation that puts discrimination into the law.”

A lawsuit was filed on Monday by LGBT advocacy groups challenging the legislation.

Cooper went on to call House Bill 2 “a national embarrassment” adding that “it will set North Carolina’s economy back, if we don’t repeal it.”

Cooper said that rather than defending the listed defendants in the lawsuit – Governor Pat McCrory, UNC, the UNC System Board of Governors and that board chair Lou Bissette – his office would defend the state Treasurer’s office. Cooper said the Treasurer’s office has a nondiscrimination policy similar to one the Department of Justice has in place, and the Treasurer’s office, which is occupied by a Democrat, requested the services of the DOJ to defend that policy.

“In order to protect our nondiscrimination policy and employees, along with those of our client – the state Treasurer’s office – part of our argument will be that House Bill 2 in unconstitutional,” Cooper said.

Cooper said defending the Treasurer’s office in this case presents a conflict and, therefore, his office can not defend the state.

“Part of that duty of defending those policies, which help protect employees, would be to argue that this law in unconstitutional,” Cooper said. “And we can’t do both.”

Because the Attorney General’s office will not defend the state, the defendants will have to hire outside legal counsel – which has been done before when Cooper would no longer defend North Carolina’s ban on same-sex marriage.

During the press conference, Senate President Pro Tem Phil Berger issued a release saying that Cooper’s “zeal for pandering for the extreme left’s money and agenda in his race for governor is making it impossible for him to fulfill his duties as attorney general – and he should resign immediately.”

Cooper described this as a “unique and different situation.”

Cooper added, “My office has stepped up and defended some bad legislation that I do not agree with. We do our job in this office.”

Cooper took it a step beyond saying his office wouldn’t defend the lawsuit, calling for action from the legislature and Governor McCrory.

“Discrimination is wrong, period,” Cooper said. “The governor and the legislature should repeal this law.”

Cooper and McCrory are set to square off in what is expected to be one of the closest and most expensive races for Governor in the country in this November’s elections.

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