WASHINGTON, D. C. – Attorney General Karl A. Racine announced today that the District has joined two friend-of-the-court briefs in support of transgender rights in federal cases from North Carolina and Texas. The briefs contend that transgender individuals should be permitted to use restrooms and other facilities that are consistent with their gender identity.

“I’m proud that the District has some of the nation’s strongest laws preventing discrimination against LGBTQ people,”Attorney General Racine said. “But a new law in North Carolina and Texas’ attempt to block federal anti-discrimination guidance put our LGBTQ residents’ rights and safety at risk when they travel. That’s why we joined the other states in these amicus briefs.”
 
In North Carolina, the federal government sued to block the state’s Public Facilities and Security Act (H.B. 2), which denies transgender individuals access to facilities consistent with their gender identity unless they have obtained a birth certificate reflecting their new gender identity. The brief, which the District and several states joined, contends that H.B. 2 causes irreparable harm to transgender individuals and the statute cannot be justified by any benefit, or by the prevention of any injury to North Carolina or the public interest. The brief further states that the North Carolina law would only compound the daily incidents of discrimination and harassment faced by transgender residents.

In Texas, the brief opposes the State of Texas’s attempt to block guidance issued by several federal agencies regarding civil rights protections for transgender individuals in schools and workplaces. The brief argues that the federal guidance will not harm Texas, is in the public interest, and is supported by the balance of equities.

“Although we won the hard-fought battle for marriage equality more than a year ago, the fight for full LGBTQ equality in our country is far from over -- and these two cases are examples of how much still needs to be done to ensure that all Americans are treated equally,” Attorney General Racine said. “Millions of LGBTQ individuals across the country still do not enjoy the kinds of strong protections we have in the District from housing, education, employment, and other discrimination on the basis of sexual orientation or gender identity.”

Attorney General Racine continued: “These so-called ‘bathroom laws’ are simply the latest tactic in a long and sordid history of attempts to undermine the rights and dignity of LGBTQ Americans, and I am proud to add my voice to the chorus of advocates making the case for equality and fairness in all jurisdictions.”

The North Carolina brief was filed in U.S. v. North Carolina (Civil Action No. 16-425), in U.S. District Court for the Middle District of North Carolina. Along with the District, New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont joined the brief.

The Texas brief was filed in Texas v. U.S. (Civil Action No. 16-54), in the U.S. District Court for the Northern District of Texas. In addition to the District, Washington, New York, California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Hampshire, New Mexico, Oregon, and Vermont joined the brief.

Copies of the amicus briefs are attached.