I returned earlier today from the HB 2 preliminary injunction hearing in Winston Salem. I want you to understand just what we're up against, and why we need your support. Three moments in particular were startling:
1. The judge asked the ACLU lawyer whether a 17 year old biological male who identifies as a transgender female and goes into a girls shower at a school with a bunch of 12 year old girls would be charged with indecent exposure. The ACLU lawyer struggled to respond. The judged then followed up with a series of questions asking whether or not children had rights to privacy, and whether the state had an interest in securing those rights.
2. After asking about the intent to discriminate, the DOJ lawyer began to argue that labeling bathrooms with the male or female label is discrimination and directly violates Title 9.
3. The judge asked the UNC school system why they—and others like the Charlotte Mecklenburg School System—believed they could ignore state laws.
Of course 12 year old girls have the privacy right not to be exposed to the private parts of male genitalia when they're showering in school. Of course it's not unconstitutional to label bathrooms male and female. And of course UNC and other public institutions don't have the sovereignty to pick and choose which state laws they will follow.
One of the encouraging moments was when the legislature's lawyer argued what we've been saying all along: this bill is about a common-sense constitutional protection of the right to privacy of women and children.
The DOJ, the ACLU, and liberal states like New York are all trying to change North Carolina's law through the courts. Will you help us fight back with a $5 donation?