A federal court issued an injunction Friday against the University of North Carolina, preventing it from enforcing House Bill 2 on the grounds that the legislation likely violates federal Title IX regulations.
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The law was passed in response to a nondiscrimination ordinance that Charlotte enacted that made it possible for transgender individuals to use the public bathroom that corresponds to their gender identity.
Worthington added non-discrimination on the basis of sex, sexual orientation or gender identity has always been university policy and the school is “committed to being open and welcoming to individuals of all backgrounds”.
Gov. Pat McCrory, a Republican up for reelection, has defended the bill as a necessary protection and said it provided “common sense gender-specific restroom and locker facilities in government buildings and in our schools”.
The injunction means the plaintiffs – two students and an employee – will now be able to use bathrooms that are consistent with their gender identity, the Associated Press reported.
A federal court granted a request on Friday (26 August) that will stop North Carolina’s HB2 law from being enforced while it is being challenged in court.
In addition to the students, several groups – including the American Civil Liberties Union and U.S. Department of Justice – are involved in the case.
In a pointed footnote, Schroeder appears to criticize McCrory and state lawmakers who rushed HB 2 through in less than 12 hours during a special legislative session for not showing the same sense of urgency when filing supporting documents in this case.
This preliminary injunction is an early step in a complex case that brings equal protection claims and due process claims, in addition to the allegations that HB2 violates Title IX of the Education Amendments of 1972.
“The individual transgender plaintiffs have clearly shown that they will suffer irreparable harm in the absence of preliminary relief”, he wrote, noting their assertions that single-occupant toilets were generally unavailable at the University of North Carolina.
“The judge’s limited injunction only applies to three individuals and is based on a Fourth Circuit decision recently stayed by the US Supreme Court”, general counsel Bob Stephens said.
North Carolina Senate leader Phil Berger and House Speaker Tim Moore issued a statement maintaining that the law represents “commonsense protections to keep grown men out of bathrooms and showers with women and young girls” and saying they were pleased that the ruling only extended to the three plaintiffs.
‘Today, the tightness that I have felt in my chest every day since HB2 passed has eased.
The University of North Carolina, however, has reiterated that it won’t enforce H2B.
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President Barack Obama’s administration says it’s sex discrimination to force a transgendered person to use a bathroom other than the one reserved for the gender they identify with.
