North Carolina students allowed to use restrooms matching their gender identity, judge rules

A judge ruled Friday that two students and an employee must be allowed to use restrooms matching their gender identity at University of North Carolina campuses. He said they have a strong chance of proving the state's bathroom-access measure violates federal law.

U.S. District Judge Thomas Schroeder temporarily blocked the University of North Carolina from making the three plaintiffs follow the restroom provision of the so-called HB2 law as the larger case makes its way to trial in November. His final decision on the law won't come until after that trial.

Passed in March, HB2 requires transgender people to use the restrooms in schools and many public buildings that correspond to the sex on their birth certificates, rather than their gender identity.

It also excludes gender identity and sexual orientation from statewide anti-discrimination protections.

The state's Republican leaders argue the law is needed to protect privacy and safety in women's restrooms.

Transgender residents challenging the law argue that restroom safety is protected by existing laws, while the North Carolina measure is harmful and discriminatory.

In his ruling Friday, Schroeder wrote that the three plaintiffs in the lawsuit "are likely to succeed" in their arguments that HB2 violates Title IX, a federal law prohibiting discrimination on the basis of gender in educational institutions.

However, he said they 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 American Civil Liberties Union, which represents the plaintiffs, who are transgender, and the U.S. Justice Department both argued for a preliminary injunction to block the restroom provision of the law.

The National Center for Transgender Equality welcomed the news. Its executive director said in a statement to Mashable:

“This decision is welcome relief for anxious transgender students and their families, who can now be assured that they’re protected from a dangerous and bigoted law. Judge Schroeder rightly recognized that transgender people in North Carolina, and all over the nation, have been using restrooms that match their gender identity without issue – and that HB2 interferes with transgender people's ability to work and learn and endangers their health.

The court's logic applies equally to all public schools and other places where HB2 conflicts with federal civil rights laws. We’re confident that as this case progresses, the plaintiffs will prove that HB2 is illegal, unconstitutional, and should be completely overturned.”

Defending the law are Republican 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.

UPDATE Aug. 26 6:02 p.m. PT:

The office of Governor Pat McCrory issued a statement following the decision.

"The Public Facilities Privacy and Security Act is still in effect," said General Counsel Bob Stephens. "The judge’s limited injunction only applies to three individuals and is based on a Fourth Circuit decision recently stayed by the U.S. Supreme Court. This is not a final resolution of this case, and the governor will continue to defend North Carolina law."

The University of North Carolina, however, has reiterated that it won't enforce H2B.

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