Commentary, News

HB2 update: NC asks federal court to keep anti-transgender provisions of law in effect

As rumors circulate about a deal to repeal part of HB2, the state is doubling down on its defense of and commitment to the discriminatory law. This is just in from the good folks at the ACLU of North Carolina:

In court documents filed yesterday, North Carolina and the University of North Carolina system argue that House Bill 2 (H.B. 2) – the state’s sweeping and discriminatory law that bans transgender people from public restrooms that match their gender identity and removes legal protections for lesbian, gay, bisexual, and transgender people and others – should remain in effect while a legal challenge proceeds in federal court.

On May 16, six LGBT North Carolinians and members of the ACLU of North Carolina filed a motion for a preliminary injunction asking the court to stop the enforcement of the provisions of North Carolina House Bill 2 that target transgender people for discrimination in single-sex facilities while the case proceeds through the court system.

The individuals and ACLU members are represented by the American Civil Liberties Union of North Carolina, the national American Civil Liberties Union, Lambda Legal, and the law firm of Jenner and Block.

The groups released the following statement today in response to yesterday’s motions:

“After rushing to enact H.B. 2 in a span of hours, the government is now asking the court for six months to study its own law, so it can figure out what to say in its defense, all while transgender people suffer.  By arguing that H.B. 2 should remain in effect, Governor McCrory, legislative leadership and UNC are continuing to defend a law that specifically targets transgender people who just want to be able to use public facilities safely and securely like everyone else. Every defendant opposes efforts to block H.B. 2’s discriminatory provisions from remaining in effect while this case moves forward. In so doing, all of the defendants are continuing to inflict daily harm on the transgender North Carolinians we represent and to defy federal court rulings that conclude that federal law forbids discrimination against transgender people.”

The lawsuit, Carcano v. McCrory, was filed days after the law was passed by the North Carolina General Assembly and signed by Governor Pat McCrory.

To read more about the case: https://www.aclu.org/cases/carcano-et-al-v-mccrory-et-al

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