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LGBT rights: Carcaño v. McCrory / US v. North Carolina

A pair of lawsuits challenge House Bill 2, the controversial measure dealing with LGBT rights and the ability of transgender individuals to use certain public bathrooms.
Posted 2017-01-18T15:59:45+00:00 - Updated 2017-07-28T18:01:47+00:00
U.S. District Judge Thomas Schroeder listens to arguments during an Aug. 1, 2016, hearing on whether to issue a temporary injunction against House Bill 2. (Sketch by Jerry McJunkins)

Case name: Carcaño v. McCrory / U.S. v. North Carolina

What it's about: House Bill 2, the controversial measure dealing with LGBT rights, and its successor, House Bill 142.

State or federal court: Federal, Middle District of N.C.

Summary: Two cases challenging House Bill 2 have been consolidated so they can be heard at the same time. The U.S. Justice Department brought one of those cases, while the other case was filed by a group of individual plaintiffs with support from liberal-leaning groups. Broadly speaking, both suits challenge the law as having a discriminatory impact on gay, lesbian and transgender individuals. Proponents of the law say that it protects women and children from predators who would claim transgender status to enter women's restrooms. Opponents who are trying to overturn the measure say that there are already assault laws and other laws in place to protect people and that House Bill 2 fosters discrimination and will force individuals who live their lives as women to use men's restrooms. There are also broader issues with regard to state nondiscrimination law involved.

In the real world: State lawmakers repealed House Bill 2 in March 2017.

Where it stands: President Donald Trump's administration dropped the Justice Department lawsuit two weeks after House Bill 2 was repealed. The Carcaño plaintiffs amended their lawsuit in July 2017 to challenge the replacement House Bill 142 legislation, which prohibits cities and counties from adopting nondiscrimination ordinances until December 2020.

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