ACLU Releases Statement on Gov. McCrory’s Executive Order

RALEIGH, N.C. — The American Civil Liberties Union released a statement about Governor McCrory’s Executive Order addressing House Bill 2.

North Carolina Governor Pat McCrory issued an executive order on Tuesday that maintains House Bills 2’s law that transgender people must use their gender-specific restroom while prohibiting workplace discrimination based on sexual orientation and gender identity for state employees.

In response, ACLU of North Carolina Acting Executive Director Sarah Preston said the following:

“Gov. McCrory’s actions today are a poor effort to save face after his sweeping attacks on the LGBT community, and they fall far short of correcting the damage done when he signed into law the harmful House Bill 2, which stigmatizes and mandates discrimination against gay and transgender people. With this executive order, LGBT individuals still lack legal protections from discrimination, and transgender people are still explicitly targeted by being forced to use the wrong restroom.

“An impressive and growing number of businesses, faith leaders, and public figures have come out to condemn House Bill 2 as an unnecessary and dangerous measure that unfairly targets gay and transgender people. Regardless of political affiliation, more and more political leaders also understand that discrimination is bad for business and politically toxic. The public believes in equality and fairness and House Bill 2 and measures like it are out of step with the values of most Americans.

“Efforts to divide the LGBT community by extending limited protections but leaving in place the rules mandating discrimination against the transgender community will only strengthen our resolve to fight back against this discriminatory and misguided legislative action. We call on Gov. McCrory and the North Carolina legislature to repeal House Bill 2 and replace it with full non-discrimination protections for all LGBT people.”

Lambda Legal, the ACLU, and the ACLU of North Carolina recently filed a lawsuit challenging House Bill 2.

The complaint argues that HB 2 is unconstitutional because it violates the Equal Protection and Due Process clauses of the Fourteenth Amendment by discriminating on the basis of sex and sexual orientation and invading the privacy of transgender people.

The complaint also states that the law also violates Title IX by discriminating against students and school employees on the basis of sex.