“H.B. 2 is not merely a solution to a non-existent problem; it is state-sanctioned discrimination that is inflicting immediate and significant harm on transgender individuals.”

—Justice Department attorneys, in a motion filed in federal court Tuesday, seeking to stop North Carolina from enforcing the anti-transgender aspects of its oft-criticized HB 2 law.

The Justice Department filed a lawsuit in May arguing that HB 2 violates civil rights laws, but Tuesday’s motion deals with the transgender aspects of the law. Specifically, it seeks to stop North Carolina from forcing trans people to use public facilities that correspond with their birth gender, rather than their gender identity.

“As the record shows, transgender people in North Carolina have long

used bathrooms consistent with their gender identity in private facilities and, before H.B. 2, in public facilities, without precipitating criminal conduct or widespread complaints about the invasion of privacy,” an accompanying memorandum submitted by Justice Department attorneys reads.

“H.B. 2 is not merely a solution to a non-existent problem; it is state-sanctioned discrimination that is inflicting immediate and significant harm on transgender individuals,” it continues. “That, along with the balance of equities and the public interest in preventing discrimination, support a preliminary injunction halting compliance with and implementation of H.B. 2.”

The Justice Department is seeking “a preliminary injunction” stopping North Carolina from “complying with or implementing” the trans-specific parts of HB 2. Attorneys argued that “barring transgender employees from bathrooms and changing facilities consistent with their gender identity is unlawful sex discrimination.”

They added: “H.B. 2 is causing irreparable stigmatic, psychological, economic, social, and physical harm to transgender people.”

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