CLEVELAND COUNTY, N.C. — A newly filed lawsuit is reigniting the debate over gender identity and bathrooms in North Carolina.
A transgender male student is suing Cleveland County Schools saying he’s not allowed to use the boys bathroom. It’s been a heated issue in the state ever since HB2, the so-called ‘bathroom bill’. Before it was repealed and replaced, it required people to use bathrooms that matched the gender on their birth certificate.
The lawsuit in Cleveland County claims it’s discrimination not to allow the transgender male student to use the boys bathroom and it says that violates the North Carolina constitution.
The lawsuit refers to the student only as John Doe. It sais the senior, who is a transgender male at Kings Mountain High School, was not allowed to use the boys bathroom. According to the lawsuit, that violates the North Carolina constitution because he was prevented from using the same bathroom as other boys.
The lawsuit also claims the policy violates the North Carolina Persons with Disability Protection Act. It says the student suffers from several conditions including stage four kidney disease and he’s in need of a kidney transplant. According to the lawsuit, the school is not giving him access to conveniently located restrooms, which are consistent with the gender he identifies.
Last year, there was a legal settlement about transgender rights. The agreement made it so transgender people could use restrooms matching their gender identity in many North Carolina public buildings.
That decision came after a protracted lawsuit over the so-called ‘bathroom bill’ and the law that replaced it, which made it so cities could not pass non-discrimination ordinances for a few years. North Carolina House Speak Tim Moore previously called the replacement a measured approach.
"We've dealt with the non-discrimination ordinance issue,” Speaker Moore previously said. “Cities are going to be out of that business for at least four years."
In response to the lawsuit in Cleveland County, a judge granted a restraining order against the school, which temporarily stops the district from restricting the student’s access to the boys bathroom. The next court hearing is scheduled for February 4th.
WCNC Charlotte reached out to Cleveland County Schools and the school board president for comment, but at this point have not heard back.