Fed judge: NC trannies NOT BARRED from opposite-sex restrooms


Any legislator who voted for HB142, the alleged compromise meant to soothe the rabid liberal media and PayPal among others, actually voted to allow dudes who look like ladies to powder their noses right alongside your mom, wife, daughter, sister, or girlfriend.

And the LGBTQXYZ crowd could not be gayer — um, happier:

A federal court last night said that House Bill 142, the 2017 law that replaced North Carolina’s notorious anti-LGBT measure, House Bill 2, does not bar transgender people from using public restrooms and other facilities that match their gender identity. U.S. District Judge Thomas Schroeder also said that he would allow a challenge to the law’s ban on local LGBT nondiscrimination policies to go forward.[…]

For those of you keeping score at home, Schroeder is a former Winston-Salem attorney who was recommended for the federal bench by then-US Senator Elizabeth Dole in 2007 and nominated by President George W. Bush.  

MORE:

[…]Lambda Legal and the ACLU are representing six LGBT North Caroliniansand members of the ACLU of North Carolina in the lawsuit challenging the replacement law, H.B. 142.

The Court held that H.B. 142 partially returned North Carolina to the pre-H.B. 2 “status quo” by repealing language that restricted restroom access for transgender people. “Nothing in the language of Section 2 [of H.B. 142] can be construed to prevent transgender individuals from using the restrooms that align with their gender identity,” Judge Schroeder wrote.

“I am relieved to finally have the court unequivocally say that there is no law in North Carolina that can be used to bar transgender people from using restrooms that match who we are,” said Joaquin Carcaño, lead plaintiff in the lawsuit. “For the past two and a half years, I have been unable to use restrooms in my home state without worrying that I will be subject to discrimination, harassment, or even arrest. Our community has faced so much discrimination because of H.B. 2 and H.B. 142, and this decision will give us more support to defend the rights and basic humanity of our community members across the state.”

“By making clear that transgender people in North Carolina cannot be barred from using public facilities that match their gender identity, this decision lessens some of the harm that has been caused by these laws’ disgraceful and indefensible attacks on LGBT North Carolinians,” said ACLU of North Carolina Legal Director Chris Brook. “The court’s decision does not account for the very real injuries LGBT people have faced under both H.B. 2 and H.B. 142, but we will continue fighting for the rights of all LGBT people in North Carolina as this case proceeds. The bottom line is that LGBT North Carolinians deserve to feel secure in knowing that when they go about their daily lives and interact with businesses open to the public, any discrimination they encounter is unacceptable.” 

“In light of this ruling, there should no longer be any excuse for discrimination in government facilities against transgender students and employees, who are simply trying to get through daily life like everyone else,” says Tara Borelli, Lambda Legal Counsel. “H.B. 142 and H.B. 2 no longer provide a fig leaf for denying transgender people equal dignity and access to public facilities on the same terms that all other North Carolinians can take for granted.”

Last year, Governor Roy Cooper, Attorney General Josh Stein, the ACLU, and Lambda Legal submitted to the court a proposed settlement that said transgender people in North Carolina would not be barred from using public restrooms and other facilities that match their gender identity in executive branch buildings under HB 142. The court last night requested more briefing on that proposal.

H.B. 142 prohibits regulation of restrooms and other facilities in government buildings, including schools. The ACLU and Lambda Legal argued that the law’s vagueness created widespread uncertainty across the state and effectively barred transgender people from using restrooms in government buildings. It also prevents cities from passing any prohibitions on employment discrimination or discrimination by places of public accommodation until December 2020. 

In 2016, the ACLU and Lambda Legal challenged House Bill 2, which removed local legal protections for LGBT people and prohibited transgender people from using public facilities that correspond to their gender identity. Later that year, the court granted a preliminary injunction to stop the University of North Carolina from enforcing the law against three transgender plaintiffs in the case. The lawsuit was amended to challenge provisions of H.B. 142 when the replacement law was passed in 2017.

5 comments for “Fed judge: NC trannies NOT BARRED from opposite-sex restrooms

  1. GUWonder
    October 2, 2018 at 8:43 am

    This was never a “compromise”. It was always a sellout and a surrender. It was Roy Cooper who sent over the language of that bill that Tim Moore and Phil Berger rammed through the legislature. In doing so, they drove a stake through the heart of a nationwide movement by conservative legislators to protect bathroom privacy. They also allowed local government to suppress religious liberty beginning in 2020.

    Moore and Berger are pathetic little cowards. This was an early indicator that Berger had flipped to the left in his ambition to win a statewide office. Berger cannot be trusted for any office. This is also one of the issues on which fake conservative John Hood was out cheerleading for the radical left.

    What will Moore and Berger’s surrender to the far left do to the turnout of Christian conservative voters in this critical election? Many of them I know are still steamed over this betrayal and this RINO judge’s ruling will rub that in just before election day. In past elections, the GOP has fired up the Christian conservatives in our base with things like the Traditional Marriage Amendment and HB2 but now we are throwing a big wet blanket over their enthusiasm to turn out and vote for out candidates.

    Almost half of the Republicans in the House and Senate stood firm for common sense and should get solid Christian conservative support regardless of what Berger and Moore did. However those I talk to have not kept track of the individual good guys and bad guys. The just blame “the Republicans”. Thanks a whole heck of a lot Berger and Moore for what you have done to our party with your behaving like scared little girls with your panties in a twist. It would not surprise me at all if both of you will be using the Ladies room now that you can.

    But we still might dodge the bullet that Berger and Moore sent our way if our voters get sufficiently steamed at the character assassination that the Democrats ate doing to Judge Kavanaugh.

  2. Myron Smith
    October 2, 2018 at 8:10 pm

    Public Restrooms may have to change with Individual locked door enter from main building with 1 sink and 1 Toilet, lock on doors. More Expensive for Gov. and Business Public Bathrooms.
    LBGT have problems identifying with sex born with, they have the problem! Why are the majority of people having to feel and be not safe? Then have the LGBT life styles forced on the majority. Safety is a major Concern!

  3. October 2, 2018 at 8:35 pm

    I am proud to say I was one of the 38 House Republicans who refused to repeal HB 2 and voted no on HB 142. I knew we had done the right thing and should stand firm for HB 2. I’m very proud of Dan Forest for not only standing firm for HB 2 but also going to other States to encourage them to do what we had done. It is very frustrating to see Republicans who ran as conservatives cave in to leftist pressure. I never have, and I never will. I knew something like this would happen. Give the left an inch, and they will own you.

    • john steed
      October 3, 2018 at 8:37 am

      The GOP needs a lot more like you, Larry.

  4. Dallas Outhouse
    October 6, 2018 at 4:50 pm

    Wow, gee, look what that compromise I was pushing so hard for on HB2 has brought us. Aren’t you pleased?

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