N.C.’s transgender law creates tangle of lawsuits

Jonathan Drew
Associated Press

Raleigh, N.C. – — The dueling lawsuits over North Carolina’s law on bathroom use by transgender people have landed in the hands of three federal judges appointed by Republican presidents, with both sides trying to maneuver into the most favorable courtroom possible.

Legal experts expect some or all of the five cases to be combined. But it remains to be seen whether they will be decided in the court picked by the law’s opponents for its moderate reputation, or in the more conservative court chosen by the measure’s GOP supporters.

“This is definitely a strategic decision by the plaintiffs to file in the district they like best,” said Tom Metzloff, a Duke University law professor and expert on civil procedure.

Either way, the dispute could ultimately be headed for the U.S. Supreme Court for a ruling once and for all on whether federal laws including the Civil Rights Act of 1964 protect transgender people from discrimination.

At issue is a state law that says transgender people must use public bathrooms, showers and changing rooms that correspond to the sex on their birth certificate. Supporters say the law is needed to safeguard people’s privacy and protect women and children from molesters. Opponents, including the Obama administration, say the danger is imaginary and the law discriminatory.

With economic pressure on the state mounting, the U.S. Justice Department and North Carolina’s governor sued each other over the measure Monday. Lawsuits for and against the law have also been filed by the American Civil Liberties Union, leaders of the Republican-controlled state Legislature, and a conservative legal organization.

As for possible clues to how the judges might rule, one of them has already decided in favor of a transgender plaintiff in a separate case. Another sided with state GOP leaders in a high-profile case on voter ID laws, while the third riled environmentalists with a ruling on a bridge project in the ecologically fragile Outer Banks.

Still, whatever the judges’ backgrounds, opponents have a strong hand because of a recent federal appeals court ruling in favor of a transgender teen who was seeking to use the boys’ bathroom at his Virginia high school. The ruling by the 4th U.S. Circuit Court of Appeals, which oversees North Carolina, interpreted the federal discrimination law Title IX in a way that directly affects a key aspect of the North Carolina case.

“It’s going to be hard for the judge not to follow the 4th Circuit precedent. And if he does that, the language of Title VII — the ’64 Civil Rights Act — is basically the same as the Title IX language. It prohibits discrimination on the basis of sex,” said William Yeomans, a legal scholar who spent 26 years at the Justice Department.

The five cases are split between the eastern part of the state that is considered more conservative, the other in the middle section.