Until a final decision is reached in the case, the schools – which have said they are caught between conflicting state and federal mandates – can not enforce the language requiring the bathrooms, showers and other facilities people use must match the gender on their birth certificates, District Judge Thomas Schroeder wrote in an 83-page order issued Friday afternoon. Schroeder noted that appeals’ court decision remains the law throughout the 4th Circuit, even though the U.S. Supreme Court temporarily put its enforcement on hold while it considers whether to hear the Virginia case.
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HB2, adopted in late March, requires people in schools, universities and other government facilities to use bathrooms matching the gender on their birth certificates.
In Friday’s ruling, Schroeder wrote that the challengers “are likely to succeed” in their arguments that HB2 violates Title IX, a federal law prohibiting gender discrimination in educational institutions.
The state’s Republican leaders argue the law is needed to protect privacy and safety in women’s restrooms.
A North Carolina law limiting bathroom choice for transgender people is being challenged in a federal court in Raleigh.
The ruling means that plaintiffs are not subject – for now – to the requirements of the law that blocks transgender individuals from using bathrooms and locker rooms that match their sexual identity.
However, he said plaintiffs haven’t shown they are likely to succeed on a claim that the law violates their constitutional equal protection rights, and he reserved judgment on another constitutional claim related to due process. “The preliminary injunction will provide much-needed relief to the courageous plaintiffs, and we are confident that this is just the beginning in an unfortunately long journey towards a full repeal of the worst anti-LGBTQ law in the nation”.
The National Center for Transgender Equality welcomed the news.
“This decision is welcome relief for anxious transgender students and their families, who can now be assured that they’re protected from a unsafe and bigoted law”. “This ruling is an important first step to make sure that thousands of LGBT people who call North Carolina home – particularly transgender people – get the privacy, respect, and protections afforded others in the state”.
In granting the injunction, Schroeder appears skeptical of the “common sense” and “public safety” claims frequently presented by those supporting (and responsible for authoring) HB 2. “We’re confident that as this case progresses, the plaintiffs will prove that HB2 is illegal, unconstitutional and should be completely overturned”.
A federal judge today used the words of the attorney representing North Carolina Gov. Pat McCrory, Republican legislative leaders and a citizens group.
Several cases seeking to challenge or defend the law were assigned to Schroeder, while another case is pending in a separate federal court. North Carolina in March became the first USA state to bar people from using restrooms in government buildings and public schools consistent with their gender identity. “They should be spending time working on improving education and growing jobs, not defending HB2 and inflicting further harm on the people, reputation, and economy of North Carolina”.
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“Our clients are one step closer to being free from the discrimination that this harmful law imposes on them”, ACLU of North Carolina Legal Director Chris Brook added.
