Carcaño v. Cooper (USA)

On October 18, North Carolina Governor Roy Cooper and the ACLU announced they have reached a settlement in the lawsuit the ACLU filed on behalf of several transgender individuals challenging the state’s controversial law, H.B. 2, and subsequent law H.B. 142.

According to the amended complaint, “H.B. 2 caused immense harm to the entire LGBT community, but particularly to transgender individuals throughout the state of North Carolina who were singled out for discrimination and barred from restrooms in public buildings and other single-sex, multiple-user facilities that accorded with their gender identity, absent an updated birth certificate matching their gender identity.”

“H.B. 142 bars “[s]tate agencies, boards, offices, departments, institutions, branches of government, including The University of North Carolina and the North Carolina Community College System, and political subdivisions of the State, including local boards of education,” from regulating “access to multiple occupancy restrooms,showers, or changing facilities, except in accordance with an act of the General Assembly” (even though no current act of the General Assembly explicitly regulates such access).”
The proposed consent decree, which must yet be signed by a judge in order to take effect, would end the lawsuit and “would allow transgender people to use public restrooms that match their gender identity.”
The decree states, “transgender people are not prevented from the use of public facilities in accordance with their gender identity.” The decree further states, “the Executive Branch Defendants are enjoined from prosecuting an individual who uses public facilities under the control or supervision of the Executive Branch, when such use conforms with the individual’s gender identity, and is otherwise lawful.”
The “State Legislature now has the ability to argue against the proposal before it is certified by a judge.”

Consent Judgement and Decree — October 18, 2017

Deal on North Carolina Bathroom Law Would Expand Transgender Protections — New York Times

North Carolina Transgender Bathroom Lawsuit Settlement Expands LGBT Rights — Newsweek

North Carolina & Pat McCrory @PatMcCroryNC (USA) — Gender Identity Watch

Carcaño v. Cooper — ACLU