Brynn Tannehill, a board member for the Trans United Fund, said the governor’s decision did not surprise her.
“This is almost a non-event considering that the lawsuit goes on, (House Bill 2) is still in place, the trial isn’t going to be until May 2017 and this may have been a, for the governor, a good tactical move,” she said.
The governor’s decision to drop the lawsuit followed successive announcements from the NCAA and ACC pulling championship games from the state last week, citing concerns over HB2.
Tannehill said North Carolina is looking to stall the HB2 lawsuit in the 4th U.S. Circuit Court of Appeals while the 5th U.S. Circuit Court is trying to move its case — a Texas federal court case started last month about the Title IX interpretation— along quickly.
Nathan Smith, policy director of the Gay, Lesbian & Straight Education Network, said the preliminary injunction issued by the Texas court was disappointing because the court challenged the Department of Education’s interpretation of Title IX.
“We’re disappointed that the school year has essentially started for pretty much every student across the country and that school year is starting with trans and gender nonconforming students in many cases continuing to face discrimination,” he said.
Smith said the judge from the Texas court decision has a history of anti-LGBT decisions.
Maxine Eichner, a UNC law professor, said the judge in Texas is more sympathetic to North Carolina’s argument than the current N.C. judge presiding over the HB2 lawsuit — Judge Thomas Schroeder.