SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
University of NC Blocked from Enforcing 'Bathroom Bill' in Partial Win for LGBTQ Rights
The University of North Carolina may not enforce controversial law banning transgender people from bathrooms that match their gender identity while lawsuit challenging the legislation proceeds, U.S. judge rules
Aug 27, 2016
A U.S. judge on Friday ordered the University of North Carolina to allow transgender students and staff to use the bathroom that matches their gender identity, blocking enforcement of the state's controversial "bathroom bill" known as House Bill 2, while a lawsuit challenging the anti-LGBTQ legislation proceeds.
"Today, the tightness that I have felt in my chest every day since H.B. 2 passed has eased. But the fight is not over: we won't rest until this discriminatory law is defeated."
--Joaquin Carcano, lead plaintiff
"In granting the preliminary injunction, the court found that the challengers are likely to succeed in their argument that the law violates Title IX," the American Civil Liberties Union (ACLU), one of the groups that brought the motion seeking preliminary injunctive relief, wrote Friday.
Indeed, U.S. District Court Judge Thomas Schroeder wrote (pdf) in his decision that
[...] the court concludes that the individual transgender Plaintiffs have made a clear showing that (1) they are likely to succeed on their claim the Part I violates Title IX, as interpreted by theUnited States Department of Education ("DOE") under the standard articulated by the Fourth Circuit; (2) they will suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities weighs in favor of an injunction; and (4) an injunction is in the public interest.
"Today is a great day for me and hopefully this is the start to chipping away at the injustice of H.B. 2 that is harming thousands of other transgender people who call North Carolina home," said Joaquin Carcano, lead plaintiff in the case, according to the ACLU.
"Today, the tightness that I have felt in my chest every day since H.B. 2 passed has eased," Carcano continued. "But the fight is not over: we won't rest until this discriminatory law is defeated."
The victory is a partial one, however, as it only applies to the North Carolina university system. "Most transgender people in North Carolina," Reuters notes, "will still be bound by the law adopted in March that requires them to use bathrooms in government buildings and public schools that correspond with the sex on their birth certificate."
LGBTQ rights activists and plaintiffs celebrated the decision nevertheless, as they took it to be a strong indication that their challenge to House Bill 2 will ultimately be successful.
"We're thrilled that the court ruled on the right side for our clients today and that our clients are one step closer to being free from the discrimination that this harmful law imposes on them simply because they are transgender," said Chris Brook, legal director of the ACLU of North Carolina, in a statement.
"We're confident justice will prevail in the larger case after the judge hears all the evidence at trial this fall so that all gay and transgender North Carolinians will be free from the harm of H.B. 2," Brook said.
We are at a crossroads
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. If you share our vision, please contribute whatever you can to sustain our work. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
A U.S. judge on Friday ordered the University of North Carolina to allow transgender students and staff to use the bathroom that matches their gender identity, blocking enforcement of the state's controversial "bathroom bill" known as House Bill 2, while a lawsuit challenging the anti-LGBTQ legislation proceeds.
"Today, the tightness that I have felt in my chest every day since H.B. 2 passed has eased. But the fight is not over: we won't rest until this discriminatory law is defeated."
--Joaquin Carcano, lead plaintiff
"In granting the preliminary injunction, the court found that the challengers are likely to succeed in their argument that the law violates Title IX," the American Civil Liberties Union (ACLU), one of the groups that brought the motion seeking preliminary injunctive relief, wrote Friday.
Indeed, U.S. District Court Judge Thomas Schroeder wrote (pdf) in his decision that
[...] the court concludes that the individual transgender Plaintiffs have made a clear showing that (1) they are likely to succeed on their claim the Part I violates Title IX, as interpreted by theUnited States Department of Education ("DOE") under the standard articulated by the Fourth Circuit; (2) they will suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities weighs in favor of an injunction; and (4) an injunction is in the public interest.
"Today is a great day for me and hopefully this is the start to chipping away at the injustice of H.B. 2 that is harming thousands of other transgender people who call North Carolina home," said Joaquin Carcano, lead plaintiff in the case, according to the ACLU.
"Today, the tightness that I have felt in my chest every day since H.B. 2 passed has eased," Carcano continued. "But the fight is not over: we won't rest until this discriminatory law is defeated."
The victory is a partial one, however, as it only applies to the North Carolina university system. "Most transgender people in North Carolina," Reuters notes, "will still be bound by the law adopted in March that requires them to use bathrooms in government buildings and public schools that correspond with the sex on their birth certificate."
LGBTQ rights activists and plaintiffs celebrated the decision nevertheless, as they took it to be a strong indication that their challenge to House Bill 2 will ultimately be successful.
"We're thrilled that the court ruled on the right side for our clients today and that our clients are one step closer to being free from the discrimination that this harmful law imposes on them simply because they are transgender," said Chris Brook, legal director of the ACLU of North Carolina, in a statement.
"We're confident justice will prevail in the larger case after the judge hears all the evidence at trial this fall so that all gay and transgender North Carolinians will be free from the harm of H.B. 2," Brook said.
A U.S. judge on Friday ordered the University of North Carolina to allow transgender students and staff to use the bathroom that matches their gender identity, blocking enforcement of the state's controversial "bathroom bill" known as House Bill 2, while a lawsuit challenging the anti-LGBTQ legislation proceeds.
"Today, the tightness that I have felt in my chest every day since H.B. 2 passed has eased. But the fight is not over: we won't rest until this discriminatory law is defeated."
--Joaquin Carcano, lead plaintiff
"In granting the preliminary injunction, the court found that the challengers are likely to succeed in their argument that the law violates Title IX," the American Civil Liberties Union (ACLU), one of the groups that brought the motion seeking preliminary injunctive relief, wrote Friday.
Indeed, U.S. District Court Judge Thomas Schroeder wrote (pdf) in his decision that
[...] the court concludes that the individual transgender Plaintiffs have made a clear showing that (1) they are likely to succeed on their claim the Part I violates Title IX, as interpreted by theUnited States Department of Education ("DOE") under the standard articulated by the Fourth Circuit; (2) they will suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities weighs in favor of an injunction; and (4) an injunction is in the public interest.
"Today is a great day for me and hopefully this is the start to chipping away at the injustice of H.B. 2 that is harming thousands of other transgender people who call North Carolina home," said Joaquin Carcano, lead plaintiff in the case, according to the ACLU.
"Today, the tightness that I have felt in my chest every day since H.B. 2 passed has eased," Carcano continued. "But the fight is not over: we won't rest until this discriminatory law is defeated."
The victory is a partial one, however, as it only applies to the North Carolina university system. "Most transgender people in North Carolina," Reuters notes, "will still be bound by the law adopted in March that requires them to use bathrooms in government buildings and public schools that correspond with the sex on their birth certificate."
LGBTQ rights activists and plaintiffs celebrated the decision nevertheless, as they took it to be a strong indication that their challenge to House Bill 2 will ultimately be successful.
"We're thrilled that the court ruled on the right side for our clients today and that our clients are one step closer to being free from the discrimination that this harmful law imposes on them simply because they are transgender," said Chris Brook, legal director of the ACLU of North Carolina, in a statement.
"We're confident justice will prevail in the larger case after the judge hears all the evidence at trial this fall so that all gay and transgender North Carolinians will be free from the harm of H.B. 2," Brook said.
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.
To inform. To inspire. To ignite change for the common good.
News & Opinion
Trending
Common Dreams, Inc. Founded 1997. Registered 501(c3) Non-Profit
Privacy Policy