North Carolina transgender bathroom law challenged in U.S. court

A man waves an LGBT equality rainbow flag at a celebration rally in West Hollywood, California, United States, June 26, 2015 | Reuters

Transgender people barred under a new North Carolina law from choosing bathrooms consistent with their gender identity filed a federal lawsuit on Monday, arguing the measure is discriminatory and threatens their personal safety.

North Carolina last week became the first state to enact a measure requiring people to use bathrooms or locker rooms in schools and other public facilities that match the gender on their birth certificate, according to the National Conference of State Legislatures.

The state's Republican-dominated legislature passed the law during a one-day special session called to repeal a Charlotte city ordinance that would have allowed bathroom choice based on gender identity versus sex at birth.

State lawmakers also voted to prohibit local governments from enacting anti-discrimination protections based on sexual orientation and gender identity. The actions drew swift criticism from lesbian, gay, bisexual and transgender advocacy groups and companies including American Airlines, Apple and Google.

"By singling out LGBT people for disfavored treatment and explicitly writing discrimination against transgender people into state law, (the state) violates the most basic guarantees of equal treatment and the U.S. Constitution," said the lawsuit, which was filed by the American Civil Liberties Union and Lambda Legal.

Republican lawmakers have defended the law as a common-sense response to radical overreach by the city council in Charlotte, the state's largest city. They spoke of the dangers that could result from men sharing bathrooms with women and young girls.

But transgender plaintiffs said they are now the ones at risk.

"It is so more than a restroom," said Joaquin Carcano, a 27-year-old university employee. "It is about dignity. It's about respect."

Republican Governor Pat McCrory, who is seeking re-election in November, signed the measure into law on the same day it was introduced and passed by both chambers of the legislature. The governor's office did not respond to a request for comment on Monday.

Opponents of the law criticized legislators for allowing little public debate before passing the sweeping measure, which they said has hurt the state's national reputation.

They noted the weeks of debate and review given to a Georgia measure that sought to strengthen legal protections for gay marriage opponents before Republican Governor Nathan Deal signaled on Monday he would veto it.

"By contrast, what happened here in North Carolina was a farce," said Chris Brook, legal director for the ACLU of North Carolina.