Court’s Decision Could Impact North Carolina’s HB 2, but Would Leave Much of the Law in Place

Charlotte, North Carolina, April 21, 2016—The National LGBTQ Task Force Action Fund is applauding this week’s historic ruling by the United States Court of Appeals for the Fourth Circuit that under Title IX of the Civil Rights Act of 1964, transgender students have the right to use school restrooms that correspond with their gender identity. The ruling could invalidate significant aspects of North Carolina’s HB2 law with regard to transgender people using bathrooms in educational institutions.  However, the ruling leaves the majority of the extremely controversial law in place.

“This historic ruling is an enormous victory for the advancement of equality for transgender people — especially as it further validates the fact that discrimination against transgender people is sex discrimination. In turn, it also makes the advent of ‘bathroom police’ checking the IDs of everyone who use public restrooms less likely. The ruling could invalidate core aspects of the anti-trans bathroom measures contained in North Carolina’s HB2 and similar practices and measures in other states. However, with specific regard to North Carolina, the other pieces of HB2 would remain intact. For example, the ruling would not reverse the gutting of the state court discrimination process for currently protected classes. Nor would the ruling impact the statewide invalidation of protections for LGBTQ people, veterans, and other groups. And worker’s wage protections that HB2 removed would not be reinstated. While this Appeals Court ruling is already creating positive change, the quickest and most thorough way to tackle the legalized discrimination and the stripping of rights contained in HB2 is to repeal it immediately and to pass strong state-wide non-discrimination and worker’s wage protection laws,” said Victoria M. Rodríguez-Roldán, J.D., Policy Counsel, Trans/Gender Non-Conforming Justice Project Director, National LGBTQ Task Force Action Fund.

The National LGBTQ Task Force Action Fund has been working with North Carolina faith leaders and LGBTQ advocates in an effort to repeal the anti-LGBTQ law. In North Carolina, the organization has been providing leadership training, grassroots organizing and on-the-ground logistical support. Clergy, civil rights leaders, and LGBTQ advocates have been taking part in escalating actions calling on the the legislature and Governor to repeal the law.


Jorge Amaro
Media and Public Relations Director