HB2, News

HB2 appeal seeking transgender protections voluntarily dismissed; litigation in lower court over law still pending

All parties to litigation over House Bill 2 have agreed to dismiss an appeal that sought relief for transgender people from bathroom provisions of the law.

The appeal was filed after a court granted a preliminary injunction in Carcaño v. McCrory preventing the North Carolina university system from enforcing HB2 against the three transgender plaintiffs in the lawsuit. The appeal sought to extend that injunction to prevent discrimination against all transgender people in the state.

However, since HB 142 repealed the bathroom language in HB2, parties to the appeal filed a voluntary motion to dismiss it.

“Among its other provisions, HB2 directed North Carolina public agencies to ‘require every multiple occupancy bathroom or changing facility to be designated for and only used by persons based on their biological sex.’ N.C. Gen. Stat. § 143- 760(b) (2016), repealed by S.L. 2017-4. ‘Biological sex’ was defined as the ‘physical condition of being male or female, which is stated on a person’s birth certificate.’ N.C. Gen. Stat. § 143-760(a)(1) (2016), repealed by S.L. 2017-4.

On March 30, 2017, while this appeal was pending, Governor Cooper signed into law the Act to Reset S.L. 2016-3, which expressly repealed HB2. See S.L. 2017-4 (Exhibit A). As a result, there is no state law barring the use of multiple occupancy bathroom facilities in accordance with gender identity.”

It should be noted that the dismissal does not signify the end of litigation over HB2. A lawsuit over the sweeping anti-LGBT law remains pending in District Court, and lawyers from the ACLU and Lambda Legal has stated it will continue to fight for transgender protections. The organization also plans to seek an amendment to the lawsuit to include the new HB142.

HB142 bars local governments from enacting future anti-discrimination protections until 2020 and states that the General Assembly will dictate future bathroom policies.

“State agencies, boards, offices, departments, institutions, branches of government, including The University of North Carolina and the North Carolina Community College System, and political subdivisions of the State, including local boards of education, are preempted from regulation of access to multiple occupancy restrooms, showers, or changing facilities, except in accordance with an act of the General Assembly,” the bill states.

It’s unclear what the new law currently means for transgender residents access to bathrooms. House Speaker Tim Moore and Senate President Pro Tem Phil Berger did not return emails seeking comment about translation of the new law.

A footnote in the dismissal document states that “Intervenors-Appellees Tim Moore and Phil Berger join in this stipulation only to the extent of stipulating and agreeing that (1) the appeal should be voluntarily dismissed under Federal Rule of Appellate Procedure 42(b) and Local Rule 42; (2) the parties should bear their own costs; and (3) there is therefore no need for the supplemental briefing requested by the Court in its order of April 10, 2017, which they do not intend to submit unless otherwise instructed.”

The dismissal will not prejudice the HB2 lawsuit that is still pending.

Check Also

Three-judge panel won’t halt bill implementing voter ID during litigation

A three-judge panel Friday ruled it would not ...

Top Stories from NCPW

  • News
  • Commentary

The U.S. House on Thursday voted to hike the federal minimum wage to $15 per hour by 2025.  The meas [...]

Gov. Roy Cooper signed the controversial “Death by Distribution” bill into law last week. Under the [...]

Van der Vaart: supporter of Trump, critic of regulation, was in charge during some of the state [...]

North Carolina voting rights groups and Democrats were compared to the legendary Pied Piper at the s [...]

Linger long enough in Raleigh’s legislative lagoon and you’ll find there are three kinds of lawmaker [...]

There’s an old adage in the law that’s often used to describe situations in which a judge jails some [...]

The right-wing wallflowers of The Wall Street Journal reported Sunday, with an almost palpable sense [...]

The post Hofeller: The GOP’s “Michelangelo of the gerrymander” appeared first on NC Policy Watch. [...]