As predicted, a federal lawsuit has been filed in North Carolina regarding the state's new sweeping anti-LGBT law, H.B. 2, which wiped out local municipalities ability to protect LGBT citizens from discrimination, and specifies that transgender students must use public bathrooms that correspond to their "biological" sex versus their gender identity.
Calling out the Fourteenth Amendment, the lawsuit alleges the legislation was enacted to single out LGBTs.
“By singling out LGBT people for disfavored treatment and explicitly writing discrimination against transgender people into state law, H.B. 2 violates the most basic guarantees of equal treatment and the U.S. Constitution,” the lawsuit argues.
The complaint argues the law violates people’s equal protection, privacy, and liberty rights under the Fourteenth Amendment to the U.S. Constitution and their civil rights under Title IX of the Education Act of 1972.
The lawsuit is asking for a declaratory judgment that the law violates the Constitution and Title IX and an injunction against enforcement of the law.
The case was filed overnight in the U.S. District Court for the Middle District of North Carolina on behalf of Joaquín Carcaño, a transgender man who works at the University of North Carolina-Chapel Hill; Payton Grey McGarry, a transgender man who is a student at the University of North Carolina-Greensboro; and Angela Gilmore, a lesbian who is the associate dean for academic affairs at North Carolina Central University. Also named as plaintiffs are the ACLU of North Carolina and Equality North Carolina.
The defendants include Gov. Pat McCrory, Attorney General Roy Cooper, and the University of North Carolina and several of its senior officials.