The strong negative reaction to North Carolina's HB2, the so-called "bathroom bill", may turn out to be an important turning point on the path toward transgender rights in the US. The bill was passed in a one-day special session by the North Carolina General Assembly as a reaction to an ordinance passed by the Charlotte City Council that provided protections for gay, lesbian and transgendered people. HB2 is sweeping in its scope, not only eliminating Charlotte's LGBT protection ordinance but also nullifying any local ordinance that addresses the use of public accommodations, workplace discrimination and the minimum wage.
Opposition to HB2 was swift and direct. With support from the ACLU, Joaquin Carcaño, a transgender employee of UNC Chapel Hill; Peyton McGarry, a transgender student at UNC Greensboro; and Angela Gilmore, a lesbian associate dean and professor of law at North Carolina Central, filed a federal lawsuit challenging the law, contending that it violates both the Constitution and Title IX. A few weeks later, the US Department of Justice filed a lawsuit claiming the law violates federal civil rights statues. This violation could end up denying North Carolina access to millions of dollars in federal funds. In response, North Carolina Governor Pat McCrory filed a lawsuit against the federal government claiming that transgender status is not a protected class.
Unlike the governor of the state I grew up in, South Dakota, who wisely vetoed a similarly backwards bill, McCrory is doubling down on his discriminatory stance. Unless he backs down (which seems unlikely) this could lead to a showdown in federal court. If that happens and the courts rule against North Carolina which I believe they will, then we may finally get definitive legal protection for people in the transgender community. I certainly hope so.
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