On the same day that North Carolina sued the federal government, the federal government sued North Carolina, alleging its new law, House Bill 2, constitutes sex-based discrimination in education and employment in violation of three federal laws. That case, filed by the US Department of Justice Civil Rights Division, remains active.
In dropping the state’s lawsuit, Gov. McCrory’s attorneys noted that the arguments North Carolina raised as plaintiff will be raised again as defendant in the DOJ’s suit. They cited cost-savings for the state and time-savings for the court as reasons to drop the complaint, in light of the DOJ’s “largely duplicative” action.
The state law in question has two parts. First, it requires transgender people in schools and state government buildings to use only those restrooms that correspond to the sex on their birth certificates. Second, it excludes gender identity and sexual orientation from state anti-discrimination protections, barring local governing bodies from passing such nondiscrimination policies of their own.