Transgender Advocacy Groups Sue Over North Carolina Law Overturning Controversial ‘Bathroom Bill’

Womens Restroom-compressedRALEIGH, N.C. — The American Civil Liberties Union (ACLU) and two transgender advocacy groups have filed a federal lawsuit against officials in North Carolina following the signing of a law that overturned Charlotte’s controversial “bathroom bill” and banned other cities from passing similar ordinances.

“We are asking the court to overturn House Bill 2 because it is unconstitutional, because it violates the Equal Protection and due process clauses of the Fourteenth Amendment, because it discriminates on the basis of sex and sexual orientation, and because it is an invasion of privacy for transgender men and transgender women,” the ACLU said in a statement on Monday.

As previously reported, despite hours of testimony largely in opposition of the proposal, the Charlotte City Council voted 7-4 last month to expand the city’s non-discrimination ordinance to add provisions for homosexuals and those who identify as the opposite sex—including in regard to restroom and locker room use.

Over 21,000 area residents had signed a petition in opposition of the proposed expansion, and pastors, community leaders and others part of a coalition opposed to the changes known as “Don’t Do It Charlotte” also rallied outside prior to the meeting.

Council members Al Austin, John Autry, Patsy Kinsey, Julie Eiselt, James Mitchell, LaWana Mayfield and Mayor Pro Tem Lyles voted in favor of the ordinance, while council members Ed Driggs, Claire Fallon, Greg Phipps, and Kenny Smith rejected the measure.

Gov. Pat McCrory had warned that legislative action would ensue if the council passed the ordinance, and just as stated, House Speaker Tim Moore moved to overturn the law following its approval.

On Wednesday, following three hours of debate, the North Carolina House voted 84-25 in favor of a bill invalidating the Charlotte ordinance, with votes cast mostly along party lines—with the exception of 11 Democrats who supported the effort.

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The bill, known as the Public Facilities Privacy and Security Act, then passed the Senate 32-0 after Democrats walked out in protest as they believed that they were being left out of the participation process.

“Public agencies shall require every multiple occupancy bathroom or changing facility to be designated for and only used by persons based on their biological sex,” the legislation reads in part. “Local boards of education shall require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex.”

McCrory promptly signed the bill into law on the same day, and later released a fact sheet to clarify what he believed were misunderstandings about the content of the ordinance.

“Businesses are not limited by this bill. Private individuals, companies and universities can adopt new or keep existing nondiscrimination policies,” it reads in part. “[I]f a privately-owned sporting facility wants to allow attendees of sporting events to use the restroom of their choice, or install unisex bathrooms, they can. The law neither requires nor prohibits them from doing so.”

“This law simply says people must use the bathroom of the sex listed on their birth certificate. Anyone who has undergone a sex change can change their sex on their birth certificate,” the fact sheet also advises.

On Monday, the ACLU, Equality North Carolina and Lamba Legal filed suit against McCrory and others on behalf of two transgendered residents, Joaquín Carcaño and Payton Grey McGarry, as well as and Angela Gilmore, a lesbian employed at North Carolina Central University.

“While the discriminatory, stated focus of the legislature in passing H.B. 2—the use of restrooms by transgender people—is on its own illegal and unconstitutional, H.B. 2 in facts wreaks far greater damage by also prohibiting local governments in North Carolina from enacting express anti-discrimination protections based on sexual orientation and gender identity,” the suit asserts.

“Like the two transgender plaintiffs in the case, transgender people around the state of North Carolina immediately suffered harm under H.B. 2 in that they are not able to access public restrooms and other single-sex facilities that accord with their gender identity,” it contends.

McCrory’s office issued a statement in return, against stating that the ACLU and various media outlets are disseminating misinformation.

“The governor respects the right of any legal challenges; however, he does not respect the continued distortion of the facts by the groups challenging this law and by many members of the state and national media,” said press secretary Graham Wilson.

“To counter a coordinated national effort to mislead the public, intimidate our business community and slander our great state, the governor will continue to set the record straight on a common sense resolution to local government overreach that imposed new regulations on businesses that intruded into the personal lives of our citizens,” he stated. “The non-discrimination policies in place today in cities like Raleigh, Greensboro and Asheville and in every business in North Carolina are the same as they were last month and last year.”


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  • Josey

    No surprise that they would sue over this…lol

    • Pollos Hermanos

      They’ll also more than likely win.

  • Oboehner

    The mentally challenged prevail again, I really don’t want my teenage daughter to have to deal with a man in her locker room no matter what he thinks he is. Nobody seems to care about normal people who have to deal with these mental cases being where they don’t belong, where are regular people’s rights?

    • Quantz

      “Mentally challenged”, “mental cases”. Really nice. Does your fundamentalist church offer sensitivity training?

      • Oboehner

        Where are the rights of the women (or men) who don’t want a member of the opposite sex in their private space?

        • Quantz

          So that bothers you, and you’re not concerned about all the homosexuals you’ve stood next to at urinals over the years?

          • Oboehner

            What part of opposite sex don’t you understand troll?

          • Quantz

            It isn’t the opposite sex part that bothers you, Boner, it’s the fact that someone might be ogling your junk. You should be honest and admit that.

          • Paige Turner

            He’s a puritan. We had a discussion on another topic and he only has sex for procreation so, you know don’t expect anything cogent.

    • Brad F

      Not mentally “challenged,” mentally “ill.” A sane person does not pretend to be the opposite sex, only a psychotic lives outside reality.

      • Oboehner

        I was sugar-coating it a little.

  • Gary Whiteman

    ACLU – Addlebrained Criminal Lawyers Union.

    • gizmo23

      I hope they win every case

  • acontraryview

    So now NC will be spending much needed tax dollars defending a law that legalizes discrimination.

    • Brad F

      Double up on your prozac, pobrecita.

  • Reason2012

    // it is unconstitutional, because it violates the Equal Protection and due process clauses of the Fourteenth Amendment, because it discriminates on the basis of sex and sexual orientation, and because it is an invasion of privacy for transgender men and transgender women,//

    See how deceptive the left is? They want to discriminate against all non-transgenders and violate the privacy rights of all non-transgenders all in the name of avoiding discrimination and avoiding violating privacy rights.

    • gizmo23

      You realize Roe v Wade was based on the right to privacy. Are you now saying that was a good decision? The right of privacy along with a secret ballot are not in the constitution. Just saying

      • Reason2012

        Which should have been nullified because it’s not a “private” matter to kill another human being.

        Nevertheless they cannot discriminate against 99+% of the population to force their immorality on everyone else.

        • Quantz

          It’s not a human being, that is where your argument fails. That is why this isn’t the black and white issue you make it out to be.

          • Brad F

            Is your name pronounced “kuntz”?

          • Reason2012

            It is a human being, that’s where your argument fails. The offspring of human beings are human beings. That’s why it isn’t the grey issue you make it out to be.

          • Quantz

            In the eyes of the law, abortion isn’t treated like murder, otherwise if you had an abortion, you would go to jail. Obviously that doesn’t happen, so your argument doesn’t just fail, it sinks to its knees and dies a painful death.

            And that is PRECISELY what keeps it from being the black and white issue you so badly wish it was.

          • Reason2012

            Notice how you’re deceptively changing the subject. Well at least you realize you cannot counter the fact that offspring of human beings are human beings.

            Treated like murder or not, it’s the killing of another human being. Obviously that still happens, law or not, and it’s only the son/daughter that dies a painful death. And that is PRECISELY what keeps it from being the grey area you so badly wish it was.

            Hitler did the same thing: convince people the Jews were not human and hence genocide could ensue. It’s sad that in our day people still fall for the same deception and people like you try to promote the same deception.

            In the end, we’ll realize how black and white it was when we face God for the lives we helped end and the lives we encouraged others to end.

          • Quantz

            “Well at least you realize you cannot counter the fact that offspring of human beings are human beings and it’s human beings being killed.”

            If they were “offspring”, they would have sprung. So no, not human beings yet. You want so badly for them to be, but murder is a word that only applies to currently living human beings.

            “In a land run by criminals, robbing stores and shooting the clerk wouldn’t be treated as murder or robbery either.”

            Well then, what are you arguing online with me, for? Why don’t you go to the Supreme Court, and tell them that your version of Christianity (one of about 40,000) insists that it’s murder to abort a fetus and you demand that they do exactly what you say because your opinion means so much more than everyone else’s because Jesus.

            It’s a damn good thing the world is NOT as black and white as you think it should be.

          • Reason2012

            // If they were “offspring”, they would have sprung. So no, not human beings yet. //

            So is it a human being an hour before being born?
            2 hours?
            At what moment exactly did it become a human being?

            Secondly, what was he or she a moment before even you admit he or she became a human being? Was he or she a cow? A bird?
            Please cite scientific proof for your claim.

          • Quantz

            Sorry. You’ve become too worthless to talk to.

          • Reason2012

            // Why don’t you go to the Supreme Court, and tell them that your version of Christianity (one of about 40,000) insists that it’s murder to abort a fetus and you demand that they do exactly what you say because your opinion means so much more than everyone else’s because Jesus. //

            You mean like people who pretend there are no morals in some aspects of life, that we’re just worthless animals who went to the Supreme Court and convinced them we’re all worthless animals, worse less than a rat, and hence could be killed at will if our parents couldn’t be bothered allowing them to live long enough to be adopted?

            // It’s a damn good thing the world is NOT as black and white as you think it should be. //

            Who said the entire world is black and white? You’re being disingenuous, which only shows you lost the argument.

            But killing another human being who did nothing wrong, sacrificing him or her on the altar of convenience IS black and white.

            You seem quite proud to have pulled off what hitler was the last to pull off with anywhere near as much success: convincing others that some people are not human beings, not worth leaving alive, and the genocide that follows.

            57 MILLION sons/daughters slaughtered in America alone, with a million more each year. Satan is so proud of your accomplishment.

  • Don Karns

    The governor stated that men and women can change their sexual identity by having their birth certificate changed. In a society that elevates science and technology to an idolatrous level, often even claiming that truth or knowledge comes from science rather than a scientist’s interpretation and observations of test results; it is incredible that many will allow for feelings and emotions to dictate reality. Changing a birth certificate, taking hormone supplements, surgery, or altering your appearance will not “scientifically” change ones sexual identity. The 23rd chromosome pair determines a person’s sexual identity. Why should emotions overrule what is proven scientifically. If your 23 chromosome pair is XY, you are male, regardless of how you feel or dress. If your 23rd chromosome pair is XX you are female. Truth existed before scientists discovered what we call truth based on the scientific method. Truth is that which is revealed to rational beings by God. Those that reject this truth, can not account for truth that transcends an individual’s feelings. It doesn’t matter ultimately how you feel, but what the truth is. Hence we have laws, math, logic, by which we can make sense of our world. When a culture reaches a state where each person does what is right in his own eyes, the truth is suppressed and depravity ruled by emotions and sexual passions will dictate acceptable morality. To recover from this depraved state we must return to truth which is revealed by the source of all truth, almighty God, for all the treasures of wisdom and knowledge are hidden in Christ Jesus. He said from the beginning of the creation God made them male and female for this cause shall a man leave his father and mother and cleave to his wife and the two shall be one flesh so then they are no longer two but one flesh. Mk 10.6
    As God is One, and man and woman made in His likeness, marriage between a man and woman is a reflection of God’s character, Hus unity, faithfulness, purity, holiness. Hence the marriage bed is holy and undefiled. Your emotions and feelings may be contrary to this truth which only reveals the condition of your heart. Desperately wicked and deceitful is the heart of man says God’s prophet. God commands all men everywhere to repent and believe the Gospel of Jesus Christ for He has appointed a day when He will judge the world in righteousness by the man He has appointed and He has given us evidence by raising Him from death. What you worship in ignorance (self) God reveals as vanity. God is mighty to save, poor, lost, addicted, immoral, depraved, transgendered: Jesus did not come to condemn the world but that the world might be saved by Him. If you were to reach out to God you would find that He is not so far away, for in Him, you live and breathe and exist. Repent today and be converted that your sins might be blotted out and you might be reconciled to God by the blood of Jesus.

    • John N

      For someone using the term ‘scientifically’ as much as you do, you seem to have a very simplistic and therefore wrong idea on how sexual identity is formed in human beings.

      The sex chromosome pair (what you call the 23th chromosome pair) does not fully define the sexual identity; it defines the type of gonads that will be formed, which will define the kind of sex hormones that will be released in which proportions , which will define what primary and secondary genitals will form and, in the end, how the brain will be changed. In every step of this development process things can and do go wrong, leading to a sexual identity that is different from the sex chromosomes.

      That is what science tells us, not your pseudo-scientific black-and-white view.

  • gizmo23

    This entire argument is stupid.
    What is to stop a transgendered person from using whatever bathroom now? I really can’t tell someone’s genital makeup by looking at their outside appearance if they are truly transexual and I really don’t ask the person in the next stall what their sex is and really don’t care
    Are we going to have genital police in every bathroom?
    These laws are to create fear and garner votes nothing more.