A federal judge on Sunday ruled that a
North Carolina law does not bar transgender people from using public
restrooms that match their gender identity.
North Carolina lawmakers in 2016
approved House Bill 2 during a one-day special session. The law
blocked cities from enacting LGBT protections and prohibited
transgender people from using the bathroom of their choice. Despite
an economic boycott of the state, Pat McCrory, the former Republican
governor of North Carolina who signed HB 2 into law, defended the
law. Voters ousted McCrory later that year. Last year, Democratic
Governor Roy Cooper signed House Bill 142 into law. The new law,
billed as a compromise, prohibits municipalities from regulating
public accommodations until December 1, 2020 and bans state agencies
and colleges from “regulation of access” to restrooms and locker
rooms.
U.S. District Judge Thomas Schroeder
ruled that House Bill 142's vague wording does not bar transgender
people from using the bathroom of their choice.
“HB142 does not regulate restroom
access in any fashion,” Schroeder wrote. “Nothing in the
language of Section 2 [of HB 142] can be construed to prevent
transgender individuals from using the restrooms that align with
their gender identity.”
The American Civil Liberties Union
(ACLU) and Lambda Legal are representing six LGBT people challenging
the law. Joaquin Carcano, lead plaintiff in the lawsuit, welcomed
the ruling.
“I am relieved to finally have the
court unequivocally say that there is no law in North Carolina that
can be used to bar transgender people from using the restrooms that
match who we are,” Carcano said in a statement issued by the ACLU.
“For the past two and a half years, I have been unable to use
restrooms in my home state without worrying that I will be subject to
discrimination, harassment, or even arrest. Our community has faced
so much discrimination because of HB 2 and HB 142, and this decision
will give us more support to defend the rights and basic humanity of
our community members across the state.”
Schroeder also ruled that plaintiffs
and their attorneys can keep challenging the part of the law that
prohibits municipalities from regulating public accommodations.
The Human Rights Campaign (HRC), the
nation's largest LGBT rights advocate, responded to the ruling by
repeating its call for lawmakers to repeal HB 142.
“Today’s ruling made clear that the
discriminatory and poorly written HB 142 does not prevent transgender
North Carolinians from using restrooms consistent with their gender
identity. Despite this, the law – and the state – remain deeply
problematic for LGBTQ equality,” HRC Legal Director Sarah Warbelow
said in a statement. “It remains impossible for city and town
governments to protect LGBTQ people from discrimination, including in
public accommodations. What is needed and necessary for LGBTQ people
is the full repeal of HB 142 and the enactment of statewide
protections.”
(Related: Pat
McCrory insists Caitlyn Jenner must use men's bathrooms; Blames HB2
on Charlotte mayor.)