In one of the many lawsuits filed in North Carolina related to the notorious H.B. 2, Judge Thomas Schroeder of the Middle District of North Carolina has preliminarily enjoined the University of North Carolina from enforcing the “bathroom” provisions of the law with respect to three individual transgender plaintiffs. Here is a copy of Judge Schroeder’s decision.
Although UNC was a defendant in the lawsuit, the university had already indicated that it had no intention of enforcing the law anyway.
The decision was based primarily on the recent decision of the U.S. Court of Appeals for the Fourth Circuit in G.G. v. Gloucester County School Board, in which the appellate court upheld the U.S. Department of Education’s Guidelines requiring that students be allowed to use the restroom that corresponds with their gender identity. (A federal judge in Texas recently preliminarily enjoined the DOE and other federal agencies from applying or using the Guidelines.)