
Carcaño, et al. v. Cooper, et al
What's at Stake
Filed by the ACLU and the ACLU of North Carolina along with Lambda Legal, this lawsuit challenges a sweeping North Carolina law, House Bill 2 , which bans transgender people from accessing restrooms and other facilities consistent with their gender identity and blocks local governments from protecting lesbian, gay, bisexual, and transgender (“LGBT”) people against discrimination in a wide variety of settings., and its replacement law, HB 142, which left many of the harms caused by HB 2 in place.
Summary
HB 2 was passed by the North Carolina General Assembly and signed by North Carolina Governor Pat McCrory to respond to the City of Charlotte’s enactment of an ordinance that extended existing municipal anti-discrimination protections to LGBT people earlier this year. Advocates for these protections had for years been describing to the City Council the significant degree of discrimination faced by LGBT people, particularly transgender people. Because North Carolina state law does not prohibit discrimination based on sexual orientation or gender identity, the many LGBT residents of Charlotte—as well as LGBT residents throughout the state—are exposed to invidious discrimination in their day-to-day lives simply for being themselves. After two hours-long hearings, in which there was extensive public comment on both sides of the issue, the City Council voted to adopt the non-discrimination ordinance to protect LGBT people from discrimination in public accommodations.
Before the Charlotte Ordinance could take effect, the North Carolina General Assembly rushed to convene a special session with the express purpose of passing a statewide law that would preempt Charlotte’s “radical” move to protect its residents from discrimination. Lawmakers made no attempt to hide the purpose of their actions and instead openly and virulently made clear that HB2 was targeted retaliation for what it called Charlotte’s “radical” move to protect its citizens from discrimination—invoking a particularly abhorrent series of attacks on transgender people, who were falsely portrayed as predatory and dangerous to others.
Plaintiffs are individuals and nonprofit organizations whose members will be directly impacted by H.B. 2.
Plaintiffs:
Joaquin Carcaño is a 27-year-old, Latino, transgender man who works at the University of North Carolina at Chapel Hill (“UNC-CH”) at the Institute for Global Health and Infectious Disease. The project that he coordinates provides medical education and services such as HIV testing to the Latino/a population.
Payton Grey McGarry is a 20-year-old, white, transgender man and full-time student at the University of North Carolina at Greensboro where he is double majoring in Business Administration and Accounting. A native North Carolinian, he is also a skilled musician and has played trumpet in many ensembles at UNC-Greensboro.
Angela Gilmore is an African-American lesbian and resident of Durham, North Carolina. She currently serves as the associate Dean for Academic Affairs and Professor of Law at North Carolina Central University. She and her wife have been together for nearly twenty-years and moved to North Carolina in 2011 hoping that it was a place where they could be fully themselves and comfortable in terms of both their race and sexual orientation.
Hunter Schafer is a 17-year-old young woman and high school junior at University of North Carolina School of the Arts High School in Winston-Salem. Hunter was diagnosed with gender dysphoria in the ninth grade. By her sophomore year she was using the girls’ restroom and feminine pronouns, and that year was elected to the Queens Court. This year, because of her talent as a visual artist, Hunter started at UNCSA-HS, where she stays in the girls’ dorms. Because of the passage of HB 2, Hunter could be forced to use the boys’ restroom, which would cause her serious anxiety and expose her to threats of harassment and violence.
Madeline “Maddy” Goss, 41, is a woman who lives in Raleigh. She is transgender and was diagnosed with gender dysphoria in 2006. Like other women, she uses women’s restrooms in all aspects of her life and all her identity documents reflect her female gender. A native-born North Carolinian, Goss is parent to an 11-year-old daughter and she enjoys teaching Tae Kwon Do. As an LGBT advocate, Goss frequently visits the General Assembly in Raleigh to lobby the legislature with ACLU of North Carolina and Equality North Carolina. Even though her license says female, Goss worries about her safety when using the restrooms at the General Assembly. The passage of HB 2 felt like an invitation to discriminate against people like Goss, and HB 142 has perpetuated that harm because the law has created significant uncertainty about her right to use women’s restrooms.
Quinton Harper, 32, is a bisexual cisgender black man who works as a community organizer and lives in Carrboro, North Carolina. A longtime advocate for people living with HIV, Harper is a national leader in the fight against the epidemic. He is politically active and he has served on administrative boards for the city of Carrboro and Orange County, two governments that have considered passing nondiscrimination policies. Because of HB 142, Harper and the many LGBT people he works with in his community are without the protections that a nondiscrimination policy could provide.
The American Civil Liberties Union of North Carolina (“ACLU of NC”) is a private, non-profit membership organization with its principal office in Raleigh, North Carolina. It has approximately 8,500 members in the State of North Carolina, including LGBT members. The mission of the ACLU of NC is to defend and advance the individual freedoms embodied in the United States Constitution, including the rights of LGBT people, to be free from invidious discrimination and infringements on their liberty interests. The ACLU of NC sues on behalf of its members, some of whom are transgender individuals who are barred by H.B. 2 from using restrooms and other facilities in accordance with their gender identity in schools and government buildings, and some of whom are lesbian, gay, bisexual, or transgender individuals who have been stripped of or barred from local non-discrimination protections based on their sexual orientation and sex, including gender identity.
Legal Documents
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03/18/2021
Joint Stipulation of Dismissal with Prejudice -
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03/18/2021
Order Granting Dismissal with Prejudice
Carcaño, et al. v. Cooper, et alLegal DocumentsOrder Granting Dismissal with PrejudiceDownload DocumentDate Filed: 03/18/2021
Court: District Court (M.D.N.C.)
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03/18/2021
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12/21/2018
Plaintiffs' Memorandum in Support of Motion for Entry of a Consent Decree -
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02/08/2019
Intervenor-Defendants' Memorandum in Opposition to Motion for Consent Decree -
02/22/2019
Plaintiffs' Reply in Support of Motion for Entry of Consent Decree -
02/22/2019
Defendants' Reply in Support of Motion for Entry of a Consent Decree -
07/23/2019
Consent Decree
Carcaño, et al. v. Cooper, et alLegal DocumentsIntervenor-Defendants' Memorandum in Opposition to Motion for Consent DecreeDownload DocumentDate Filed: 02/08/2019
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsPlaintiffs' Reply in Support of Motion for Entry of Consent DecreeDownload DocumentDate Filed: 02/22/2019
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsDefendants' Reply in Support of Motion for Entry of a Consent DecreeDownload DocumentDate Filed: 02/22/2019
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsConsent DecreeDownload DocumentDate Filed: 07/23/2019
Court: District Court (M.D.N.C.)
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02/08/2019
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11/16/2018
UNC Defendants' Motion to Dismiss -
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11/16/2018
Intervenor-Defendants' Motion to Dismiss -
11/30/2018
Plaintiffs' Opposition to Motions to Dismiss -
12/07/2018
Defendants' Supplemental Brief in Support of Motion to Dismiss -
12/07/2018
Intervenor-Defendants' Supplemental Brief in Support of Motion to Dismiss
Carcaño, et al. v. Cooper, et alLegal DocumentsIntervenor-Defendants' Motion to DismissDownload DocumentDate Filed: 11/16/2018
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsPlaintiffs' Opposition to Motions to DismissDownload DocumentDate Filed: 11/30/2018
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsDefendants' Supplemental Brief in Support of Motion to DismissDownload DocumentDate Filed: 12/07/2018
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsIntervenor-Defendants' Supplemental Brief in Support of Motion to DismissDownload DocumentDate Filed: 12/07/2018
Court: District Court (M.D.N.C.)
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11/16/2018
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10/23/2017
UNC and Intervenor-Defendants' Motions to Dismiss Fourth Amended Complaint -
- UNC Brief in Support of their Motion to Dismiss
- Intervenor-Defendants' Brief in Support of their Motion to Dismiss
- Plaintiff's Opposition to Motions to Dismiss
- Wilkens Declaration
- UNC Reply in Support of their Motion to Dismiss
- Intervenor-Defendants' Reply in Support of thier Motion to Dismiss
- Opinion and Order
Carcaño, et al. v. Cooper, et alLegal DocumentsUNC Brief in Support of their Motion to DismissDownload DocumentDate Filed: 10/23/2017
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsIntervenor-Defendants' Brief in Support of their Motion to DismissDownload DocumentDate Filed: 10/23/2017
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsPlaintiff's Opposition to Motions to DismissDownload DocumentDate Filed: 12/01/2017
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsWilkens DeclarationDownload DocumentDate Filed: 12/01/2017
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsUNC Reply in Support of their Motion to DismissDownload DocumentDate Filed: 12/15/2017
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsIntervenor-Defendants' Reply in Support of thier Motion to DismissDownload DocumentDate Filed: 12/15/2017
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsOpinion and OrderDownload DocumentDate Filed: 09/30/2018
Court: District Court (M.D.N.C.)
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10/18/2017
Motion for Entry of Consent Decree -
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10/18/2017
Consent Judgment and Decree -
10/18/2017
Memo in Support of Consent Decree -
10/18/2017
State's Memo in Support of Consent Decree
Carcaño, et al. v. Cooper, et alLegal DocumentsConsent Judgment and DecreeDownload DocumentDate Filed: 10/18/2017
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsMemo in Support of Consent DecreeDownload DocumentDate Filed: 10/18/2017
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsState's Memo in Support of Consent DecreeDownload DocumentDate Filed: 10/18/2017
Court: District Court (M.D.N.C.)
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10/18/2017
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07/21/2017
Fourth Amended Complaint -
05/16/2016
Plaintiffs' Motion for Preliminary Injunction -
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05/16/2016
Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction -
06/09/2016
UNC Defendants' Brief in Response to Plaintiffs' Motion for Preliminary Injunction -
06/09/2016
Defendant McCrory's Response in to Plaintiff's Motion for Preliminary Injunction -
06/09/2016
Intervenor-Defendants' Response to Plaintiff's Motion for Preliminary Injunction -
06/27/2016
Plaintiffs' Reply in Support of Motion for Preliminary Injunction -
07/05/2016
UNC Defendants' Surreply in Opposition to Plaintiff's Motion for Preliminary Injunction -
08/26/2016
Order on Plaintiffs' Motion for Preliminary Injunction
Carcaño, et al. v. Cooper, et alLegal DocumentsMemorandum in Support of Plaintiffs' Motion for Preliminary InjunctionDownload DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsUNC Defendants' Brief in Response to Plaintiffs' Motion for Preliminary InjunctionDownload DocumentDate Filed: 06/09/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsDefendant McCrory's Response in to Plaintiff's Motion for Preliminary InjunctionDownload DocumentDate Filed: 06/09/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsIntervenor-Defendants' Response to Plaintiff's Motion for Preliminary InjunctionDownload DocumentDate Filed: 06/09/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsPlaintiffs' Reply in Support of Motion for Preliminary InjunctionDownload DocumentDate Filed: 06/27/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsUNC Defendants' Surreply in Opposition to Plaintiff's Motion for Preliminary InjunctionDownload DocumentDate Filed: 07/05/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsOrder on Plaintiffs' Motion for Preliminary InjunctionDownload DocumentDate Filed: 08/26/2016
Court: District Court (M.D.N.C.)
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05/16/2016
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05/13/2016
Plaintiffs' Expert Declarations -
- Assistant Chief of University Police Aran C. Mull
- Randi Ettner, Ph.D.
- Jonathan Routh, M.D.
- Deanna Adkins, M.D.
Carcaño, et al. v. Cooper, et alLegal DocumentsAssistant Chief of University Police Aran C. MullDownload DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsRandi Ettner, Ph.D.Download DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsJonathan Routh, M.D.Download DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsDeanna Adkins, M.D.Download DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
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05/13/2016
Plaintiffs' Declarations -
- Joaquin Carcaño
- Payton Grey McGarry
- H.S.
- Monica Walker
- Sarah Preston
Carcaño, et al. v. Cooper, et alLegal DocumentsJoaquin CarcañoDownload DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsPayton Grey McGarryDownload DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsH.S.Download DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsMonica WalkerDownload DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsSarah PrestonDownload DocumentDate Filed: 05/16/2016
Court: District Court (M.D.N.C.)
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03/28/2016
Complaint
Date Filed: 03/18/2021
Court: District Court (M.D.N.C.)
Date Filed: 12/21/2018
Court: District Court (M.D.N.C.)
Date Filed: 11/16/2018
Court: District Court (M.D.N.C.)
Date Filed: 10/18/2017
Court: District Court (M.D.N.C.)
Date Filed: 07/21/2017
Court: District Court (M.D.N.C.)
Date Filed: 05/16/2016
Court: District Court (M.D.N.C.)
Date Filed: 03/28/2016
Court: District Court (M.D.N.C.)
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11/21/2016
Defendant-Appellees' and Intervenor/Defendants-Appellees' Brief -
10/25/2016
Amicus Briefs in Support of Plaintiffs-Appellants -
- Columbia Law School Sexuality and Gender Law Clinic
- World Professional Association for Transgender Health (WPATH)
- Bay Area Lawyers for Individual Freedom (BALIF), Impact Fund, & 35 Bar Associations and Non-Profit Legal Organizations
- National Education Association and North Carolina Association of Educators
- School Administrators from 22 States
- Addendum to Brief of School Administrators from 22 States
- Scholars Who Study The Transgender Population
- Anti-Sexual Assault, Domestic Violence, and Gender-Based Violence Organizations
- National Center for Lesbian Rights, et al.,
Carcaño, et al. v. Cooper, et alLegal DocumentsColumbia Law School Sexuality and Gender Law ClinicDownload DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
Carcaño, et al. v. Cooper, et alLegal DocumentsWorld Professional Association for Transgender Health (WPATH)Download DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
Carcaño, et al. v. Cooper, et alLegal DocumentsBay Area Lawyers for Individual Freedom (BALIF), Impact Fund, & 35 Bar Associations and Non-Profit Legal OrganizationsDownload DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
Carcaño, et al. v. Cooper, et alLegal DocumentsNational Education Association and North Carolina Association of EducatorsDownload DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
Carcaño, et al. v. Cooper, et alLegal DocumentsSchool Administrators from 22 StatesDownload DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
Carcaño, et al. v. Cooper, et alLegal DocumentsAddendum to Brief of School Administrators from 22 StatesDownload DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
Carcaño, et al. v. Cooper, et alLegal DocumentsScholars Who Study The Transgender PopulationDownload DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
Carcaño, et al. v. Cooper, et alLegal DocumentsAnti-Sexual Assault, Domestic Violence, and Gender-Based Violence OrganizationsDownload DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
Carcaño, et al. v. Cooper, et alLegal DocumentsNational Center for Lesbian Rights, et al.,Download DocumentDate Filed: 10/25/2016
Court: Appeals Court (4th Cir.)
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10/21/2016
Defendant-Appellees' Motion to Dismiss Appeal -
10/21/2016
Defendant-Appellees' Response in Opposition to Motion for Expedited Oral Argument -
10/18/2016
Plaintiffs-Appellants' Motion for Expedited Oral Argument -
10/18/2016
Plaintiffs-Appellants' Opening Brief
Date Filed: 11/21/2016
Court: Appeals Court (4th Cir.)
Date Filed: 10/21/2016
Court: Appeals Court (4th Cir.)
Date Filed: 10/21/2016
Court: Appeals Court (4th Cir.)
Date Filed: 10/18/2016
Court: Appeals Court (4th Cir.)
Date Filed: 10/18/2016
Court: Appeals Court (4th Cir.)
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07/18/2016
UNC Defendants' Motion to Dismiss -
06/30/2016
Defendant-Intervenor North Carolina Legislators' Answer to Complaint and Counterclaims -
06/28/2016
Defendant-Intervenor North Carolinians For Privacy Answer to Complaint and Counterclaims -
06/02/2016
Defendants' Answer to Complaint and Counterclaims -
07/06/2016
Plaintiff - United States' Expert Declarations -
- Scott Leibowitz, M.D.
- Lin Fraser, Ed.D.
- George Brown, M.D.
Carcaño, et al. v. Cooper, et alLegal DocumentsScott Leibowitz, M.D.Download DocumentDate Filed: 07/06/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsLin Fraser, Ed.D.Download DocumentDate Filed: 08/18/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
Carcaño, et al. v. Cooper, et alLegal DocumentsGeorge Brown, M.D.Download DocumentDate Filed: 07/06/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
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07/06/2016
Plaintiff's Memorandum in Support of Motion for Preliminary Injunctive Relief -
07/05/2016
Plaintiff's Motion for Preliminary Injunction -
05/10/2016
United States v. State of North Carolina - Complaint
Date Filed: 07/18/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
Date Filed: 06/30/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
Date Filed: 06/28/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
Date Filed: 06/02/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
Date Filed: 07/06/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
Date Filed: 07/05/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
Date Filed: 05/10/2016
Court: Related Case: United States v. State of North Carolina (M.D.N.C.)
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