Governor Andrew Cuomo and Attorney
General Eric Schneiderman today announced that New York State is
leading a coalition of ten states and the District of Columbia in
challenging the blatantly discriminatory North Carolina law that limits
the ability of cities and localities to protect the rights of
transgender and non-gender-conforming people. Additionally, the
coalition, along with two other states, filed a second court brief
opposing the State of Texas's challenge to federal guidance allowing
transgender students to use facilities consistent with their gender
identity.
"The kind of divisiveness and discrimination encouraged by this law directly undermine the core values of this nation," Governor Cuomo said.
"Just as in New York, this country's strength is found in our diversity
and inclusiveness. At a time when so many are seeking to create rifts
that separate Americans from one another, it is our responsibility to
fight back and do all we can to bring this nation closer together."
"Transgender people deserve to live with dignity, free from discrimination," said Attorney General Schneiderman.
"New York knows firsthand that forcing transgender students and workers
to use facilities inconsistent with their gender identities is
unnecessary, unworkable, and undermines the core American ideal of equal
justice under law. My office will keep fighting every day to defend the
fundamental guarantee of equal protection of the law for all
Americans."
North Carolina's Public Facilities Privacy
& Security Act, also known as North Carolina H.B.2, was enacted in
March 2016 in reaction to a nondiscrimination ordinance in the city of
Charlotte, which included protections against discrimination on the
basis of gender identity. The North Carolina law mandates that local
boards of education and public agencies require single-sex,
multiple-occupancy bathrooms or changing facilities to be designated for
use by—and used only by—persons based on their "biological sex." The
law defines "biological sex" as "the physical condition of being male or
female, which is stated on a person's birth certificate."
In response to the discriminatory law, Governor Cuomo signed an executive order in March banning non-essential state travel to North Carolina. Attorney
General Schneiderman also banned non-essential travel by Office of the
Attorney General staff to North Carolina. In May, the United States sued
North Carolina, its Governor, the North Carolina Department of Public
Safety, the University of North Carolina, and the UNC Board of
Governors, alleging that implementation and enforcement of H.B. 2 would
violate three federal antidiscrimination statutes. New York and its
coalition filed this brief in support of the United States suit, arguing
that the experience of the states shows that the North Carolina law is
not needed to protect safety and privacy rights, and the law instead
will cause unjustified and unnecessary harm to transgender people.
New York is joined by nine other states in
the brief including: Washington, California, Connecticut, Illinois,
Maryland, Massachusetts, New Mexico, Oregon, and Vermont, and the
District of Columbia.
This coalition was also joined by New
Hampshire and Delaware in filing a second friend-of-the-court brief
opposing the State of Texas's challenge to federal guidance that allows
transgender students to use single-sex multiple-occupancy facilities
consistent with their gender identity.
In May 2016, Texas and several other states
filed suit in federal court challenging federal guidelines that direct
public schools to allow individuals to use facilities that align with
their gender identity. According to the federal Departments of Education
and Justice, which issued the guidelines under a statute that extends
federal antidiscrimination law to educational programs that receive
federal funding, the guidelines are intended to ensure that "transgender
students enjoy a supportive and nondiscriminatory school environment."
While Texas claims that the federal guidance poses a risk to the safety
of the public, the coalition's brief again argues that no such harm has
been demonstrated and that without this federal guidance, transgender
people will be at risk of unjustified and unnecessary harm.
Source: Press Office, Governor Andrew M. Cuomo
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