Three More Plaintiffs Join Lawsuit Against North Carolina鈥檚 Discriminatory Anti-LGBT Law

老澳门开奖结果 and Lambda Legal Add Transgender High School Student and Lesbian Couple to Lawsuit to Fight HB 2

April 21, 2016 10:00 am

老澳门开奖结果 Affiliate
Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

RALEIGH, N.C. 鈥擳he 老澳门开奖结果 and 老澳门开奖结果 of North Carolina, joined by counsel from the law firm of Jenner & Block, announced today that they have added three new plaintiffs 鈥 a transgender student and a married lesbian couple 鈥 to the federal lawsuit challenging North Carolina鈥檚 sweeping anti-LGBT law, HB 2.

Hunter Schafer is a 17-year-old young woman and high school junior at University of North Carolina School of the Arts High School in Winston-Salem. Hunter was diagnosed with gender dysphoria in the ninth grade. By her sophomore year she was using the girls鈥 restroom and feminine pronouns, and that year was elected to the Queens Court. This year, because of her talent as a visual artist, Hunter started at UNCSA-HS, where she stays in the girls鈥 dorms. Because of the passage of HB 2, Hunter could be forced to use the boys鈥 restroom, which would cause her serious anxiety and expose her to threats of harassment and violence.

"I just want to be able to concentrate on school, grow as an artist, and have fun while doing that," Hunter said. 鈥淚鈥檓 not a man. I have always felt more comfortable in the girls鈥 dorm at school and the girls鈥 restroom and using them has never been a problem. It鈥檚 humiliating and scary that there's now a law that would force me to go to a boys鈥 bathroom when I clearly don鈥檛 belong there.鈥

Beverly Newell, 45, a realtor, and Kelly Trent, 39, a registered nurse, are a married lesbian couple who live in Charlotte. As alleged in the amended complaint, Beverly and Kelly recently experienced discrimination first-hand, when a fertility clinic where they had scheduled an appointment called the couple to cancel the appointment saying that they do not serve same-sex couples.

鈥淚t鈥檚 unnerving to know that we could be turned away by any business for being a same-sex couple and have no recourse because of HB 2,鈥 Beverly said. "HB2 has encouraged this type of conduct and we no longer have the ability to file discrimination complaints when this type of thing happens in our home city of Charlotte. The bill has made it OK to harm LGBT people. The state of North Carolina is better than this. "

鈥淗igh school students like Hunter should be able to go to school to learn and thrive. She should have the same privacy and respect that every student in North Carolina has, and she shouldn鈥檛 be treated differently simply because she鈥檚 transgender,鈥 said Tara Borelli, senior attorney with Lambda Legal. 鈥淗B 2 is an attack on some of the most vulnerable members of our community, transgender young people. A law like this has devastating effects on transgender students who already feel vulnerable and alone.鈥

鈥淏everly and Kelly deserve to feel secure in knowing that when they go about their daily lives in Charlotte and interact with businesses open to the public, any discrimination they encounter is illegal. HB 2 robs them of that,鈥 said Chris Brook, legal director of the 老澳门开奖结果 of North Carolina. 鈥淭his law gives people the green light to discriminate against LGBT people and sends a daily message that LGBT people across the state are not worthy of dignity and respect.鈥

The other plaintiffs in this case are: Joaqu铆n Carca帽o, 27, a UNC-Chapel Hill employee from Carrboro; Payton McGarry, 20, a UNC-Greensboro student who was born and raised in Wilson; and Angela Gilmore, 52, a North Carolina Central University law professor. The 老澳门开奖结果 of North Carolina is also a plaintiff in the lawsuit.

In March, Lambda Legal, the 老澳门开奖结果, and the 老澳门开奖结果 of North Carolina filed the lawsuit together as co-counsel in the U.S. District Court for the Middle District of North Carolina. In the complaint, the plaintiffs allege that through HB 2, North Carolina sends a purposeful message that LGBT people are second-class citizens who are undeserving of the privacy, respect, and protections afforded others in the state. The complaint argues that HB 2 is unconstitutional because it violates the Equal Protection and Due Process clauses of the Fourteenth Amendment, as it discriminates on the basis of sex and sexual orientation and is an invasion of privacy for transgender people. The law also violates Title IX by discriminating against students and school employees on the basis of sex.

To read the amended complaint:
/sites/default/files/field_document/first_amended_complaint_filed.pdf

To read more about the case:
/cases/carcano-et-al-v-mccrory-et-al

Learn More 老澳门开奖结果 the Issues in This Press Release