House Bill 2 Opponents Ask Judge To Block Bathroom Provision

Opponents of North Carolina's House Bill 2 asked a federal judge Monday to block a key provision of the law – the part that dictates which bathroom a transgender person must use.

In a Winston-Salem courtroom, Judge Thomas Schroeder repeatedly questioned both plaintiffs and defendants. What's the problem the law is trying to solve, he asked, and how can it work if there's no provision for enforcing it?

Chris Brook is legal director for the American Civil Liberties Union of North Carolina. He says the state's gay and transgender community is under attack.

“This legislation is very clearly going after the LGBT community, trying to communicate to the LGBT community in North Carolina  that they are viewed as ‘less than' by the government in North Carolina, and making their life more difficult,” he says. 

Supporters of the law say it's a common-sense measure that protects bathroom privacy. Buck Bowers, attorney for Gov. Pat McCrory, says the law was a response to what he called "government overreach" by the Charlotte City Council. 

Prior to the passage of HB2, the city had added protections for gay and transgender people in Charlotte ordinances.

There's no timeline for Schroeder's decision, though he indicated he'll try to make a ruling before kids go back to school later this month.

The U.S. Justice Department and the ACLU are among those challenging the law.

The hearing came in advance of a lawsuit scheduled to go before the court in November. Schroeder will also preside over that trial.