From a joint statement issued this afternoon by the ACLU and Lambda Legal:
“H.B. 2 was an unprecedented attack on the LGBT community, in particular against transgender people, and we are encouraged that its days are numbered,” said Sarah Gillooly, Policy Director for the ACLU of North Carolina. “It is imperative that the General Assembly hold up their end of the deal and repeal H.B. 2 in full without delay. This will be an important step for North Carolinians to move forward, but it never should have come at the cost of protections for LGBT people living in Charlotte.”
“LGBT rights aren’t a bargaining chip. Charlotte shouldn’t have had to repeal its ordinance in exchange for H.B. 2 to be repealed,” said Simone Bell, the Southern Regional Director for Lambda Legal. “LGBT people in North Carolina still need protection from discrimination.”
The American Civil Liberties Union, ACLU of North Carolina, Lambda Legal and the law firm of Jenner & Block are challenging H.B. 2 in federal court on behalf of four LGBT North Carolinians and members of the ACLU of North Carolina.
The ACLU and Lambda Legal lawsuit, Carcaño v. McCrory, was filed days after H.B. 2 was passed by the North Carolina General Assembly and signed by Governor Pat McCrory. In the lawsuit, the groups argue that through the law, North Carolina sends a purposeful message that LGBT people are second-class citizens who are undeserving of the privacy, respect, and protections afforded others in the state and that transgender individuals, in particular, are expelled from public life through H.B. 2’s mandate that they be forced out of restrooms and changing facilities that accord with who they are.
The complaint argues that H.B. 2 violates Title IX and Title VII by discriminating against students and school employees on the basis of sex. It also argues the law is unconstitutional because it violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment by discriminating on the basis of sex and sexual orientation and violates the privacy and medical decision making rights of transgender people.
Rather notably, the Human Rights Campaign doesn’t quite condemn the Charlotte City Council:
“Governor-elect Cooper has briefed us on a deal he brokered with state lawmakers to reach a complete and total repeal of HB2,” said HRC President Chad Griffin. “HB2 is precisely why North Carolinians went to the polls and ousted Governor McCrory last month. It’s time to chart a new course guided by the state’s values of dignity and respect, not discrimination and hate — and to ensure non-discrimination protections exist in cities, towns and across the state of North Carolina. It’s been 271 days since the shameful and archaic HB2 was first passed, and the entire country has witnessed its devastating impact. It’s time for state lawmakers to repeal HB2 and begin repairing the harm this bill has done to people and the damage it has done to North Carolina’s reputation and economy.”
“The problem has never been Charlotte. Charlotte’s ordinance was a best practice employed in hundreds of cities across the country,” said Equality North Carolina Executive Director Chris Sgro. “The Charlotte City Council and mayor did the right thing by passing their ordinance — HB2 is wrong. Since its passage, the deeply discriminatory HB2 has hurt our economy and people. Now, the General Assembly must fully repeal HB2 so that we can start the necessary talks for protecting LGBTQ people and bring back businesses across the state. We look forward to working with Governor-elect Cooper to win protections community by community and statewide.”