RALEIGH, N.C. (AP) – The dueling lawsuits over North Carolina’s law on bathroom use by transgender people have landed in the hands of three federal judges appointed by Republican presidents, with both sides trying to maneuver into the most favorable courtroom possible.
Legal experts expect some or all of the five cases to be combined. But it remains to be seen whether they will be decided in the court picked by the law’s opponents for its moderate reputation, or in the more conservative court chosen by the measure’s GOP supporters.
“This is definitely a strategic decision by the plaintiffs to file in the district they like best,” said Tom Metzloff, a Duke University law professor and expert on civil procedure.
Either way, the dispute could ultimately be headed for the U.S. Supreme Court for a ruling once and for all on whether federal laws including the Civil Rights Act of 1964 protect transgender people from discrimination.
At issue is a state law that says transgender people must use public bathrooms, showers and changing rooms that correspond to the sex on their birth certificate. Supporters say the law is needed to safeguard people’s privacy and protect women and children from molesters. Opponents, including the Obama administration, say the danger is imaginary and the law discriminatory.