by Max Brantley
“On the current record, the individual transgender Plaintiffs 37 Here, too, as with the informational privacy claim, Plaintiffs’ real problem appears to be various States’ inflexible rules for changing one’s sex on a birth certificate, in so far as Part I permits transgender users who did not have any surgery to use facilities matching their gender identity as long as their birth certificate has been changed – an issue the parties have not adequately addressed…have clearly shown that they will suffer irreparable harm in the absence of preliminary relief. All three transgender Plaintiffs submitted declarations stating that single occupancy bathrooms and other similar facilities are generally unavailable at UNC and other public agencies. In fact, two of the individual transgender Plaintiffs indicate that they are not aware of any single occupancy facilities in the buildings in which their classes are held. Part I therefore interferes with these individuals’ ability to participate in their work and educational activities. As a result, some of these Plaintiffs limit their fluid intake and resist the urge to use a bathroom whenever possible. Such behavior can lead to serious medical consequences, such as urinary tract infections, constipation, and kidney disease.”Gov. Asa Hutchinson, Attorney General Leslie Rutledge and the other usual suspects should be deploring the court's protection of equal treatment any minute now.