On October 25, 2016, Bay Area Lawyers for Individual Freedom (BALIF) filed an amicus (friend of the court) brief in the Fourth Circuit Court of Appeals in Carcaño v. McCrory, a case challenging H.B. 2, North Carolina’s discriminatory law that targets transgender people for discrimination in public schools and facilities.
The plaintiffs sought a preliminary injunction enjoining enforcement of the portion of H.B. 2 that bars transgender people from using single-sex restrooms consistent with their gender identity. Although the district court granted a limited injunction barring enforcement of H.B. 2 by the University of North Carolina against three of the plaintiffs who are transgender, the court declined to bar broader enforcement of H.B. 2 under the Constitution’s Equal Protection Clause, leaving transgender people who live in or visit North Carolina vulnerable to the harms imposed by H.B. 2. The plaintiffs appealed the denial of broader injunctive relief under the Equal Protection Clause to the Fourth Circuit.
BALIF’s brief argues that H.B. 2 facially discriminates against transgender people based on sex, and that it is a classic example of unlawful sex stereotyping. Its restroom provisions are rooted in the stereotype that all people should act in a manner consistent with society’s expectations about the sex they were assigned at birth. The brief highlights the significant body of law confirming that targeting transgender people for their perceived gender non-conformity is sex stereotyping that violates constitutional and statutory prohibitions on sex discrimination.
“In a variety of contexts and for many years, the federal courts have recognized that sex stereotyping of transgender people is a form of unlawful sex discrimination,” said Julie Wilensky, chair of BALIF’s Amicus Committee. “H.B. 2 is no different.”
The Impact Fund and its attorneys Lindsay Nako and Lynnette Miner served as BALIF’s amicus counsel, and Impact Fund also joined the brief.
In addition to BALIF and Impact Fund, a broad coalition of 35 additional bar associations and non-profit legal organizations joined the brief: AIDS Legal Referral Panel, Alameda Contra Costa Trial Lawyers Association, Asian American Bar Association of the Greater Bay Area, Asian Americans Advancing Justice - Los Angeles, Asian Pacific Islander Legal Outreach, Atlanta Women for Equality, Bar Association of San Francisco, Bet Tzedek Legal Services, BiLaw, California Rural Legal Assistance, Inc., Centro Legal de la Raza, Civil Rights Education and Enforcement Center, Dallas LGBT Bar Association, East Bay La Raza Lawyers Association, Georgia Association for Women Lawyers, Hawai‘i LGBT Legal Association, Kansas City Lesbian, Gay, and Allied Lawyers, LatinoJustice PRLDEF, Legal Aid Society - Employment Law Center, LGBT Bar Association of Greater New York, LGBT Bar Association of Wisconsin, Massachusetts LGBTQ Bar Association, National Employment Law Project, National Employment Lawyers Association, National Queer Asian Pacific Islander Alliance, New Mexico Lesbian and Gay Lawyers Association, North Carolina Advocates for Justice, Queen’s Bench Bar Association, SacLEGAL, Santa Clara County Bar Association, Stonewall Law Association of Greater Houston, Tom Homann LGBT Law Association, Transgender Legal Defense and Education Fund, Inc., Vietnamese American Bar Association of Northern California, and Virginia Equality Bar Association.
Click here to read the brief