ACLU Sues North Carolina's Gov. McCroy Over Anti-LGBT Law

"H.B. 2 violates the most basic guarantees of equal treatment"

Three individuals and two human rights advocacy groups filed a lawsuit in federal court early Monday morning, challenging a recently passed North Carolina law that would ban protective LGBT ordinances and restrict bathroom access for transgender people.

The complaint argues that House Bill 2, the anti-LGBT bill quickly signed into law last Wednesday by Gov. McCrory, violates the equal protection, privacy and liberty rights established in the Fourteenth amendment to the US Constitution as well as the civil rights protected under Title IX of the Education Act of 1972.

“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,” states the lawsuit.

The case was filed overnight by Joaquín Carcaño, a transgender man who works at the UNC-Chapel Hill; Payton Grey McGarry, a transgender student at UNC-Greensboro; and Angela Gilmore, a lesbian and associate dean at North Carolina Central University. ACLU of North Carolina and Equality North Carolina were also named as plaintiffs.

Defendants for the case include Gov. Pat McCrory, Attorney General Roy Cooper, and the University of North Carolina.

The lawsuit, which is being backed by The American Civil Liberties Union, ACLU of North Carolina, Lambda Legal, and Equality North Carolina, seeks a declaratory judgment that the actions taken last week by the North Carolina House, Senate and Governor McCroy are unconstitutional and limit the scope of equality.

The lawsuit alleges that “H.B. 2 was motivated by an intent to treat LGBT people differently, and worse, than other people, including by stripping them of the protections afforded by the City of Charlotte’s Ordinance and precluding any local government from taking action to protect LGBT people against discrimination."

It continues, "H.B. 2 imposes a different and more burdensome political process on LGBT people than on non-LGBT people who have state protection against identity-based discrimination.”

The plaintiffs have taken to Twitter to rally support for the lawsuit as well as to spread knowledge about the dangers of H.B. 2:

Equality North Carolina:

Lambda Legal:

And the ACLU:

Read the lawsuit in full, here.

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