Update (8:53 p.m.): Although the court’s decision on Title IX was a triumph for opponents of HB2, the judge denied the plaintiffs’ additional motion for an injunction on the ground of the Equal Protection Clause.
The Equal Protection Clause is part of the 14th Amendment and ensures equal protection of the laws to any person.
The complaint argued HB2 violated the Equal Protection Clause by discriminating on the basis of sex and sexual orientation.
The judge said at this preliminary stage, the plaintiffs had not clearly conveyed that they were likely to succeed with their Equal Protection claim.
Gov. Pat McCrory’s office said in a statement that HB2, also known as the Public Facilities Privacy and Security Act, is still in effect.
“This is not a final resolution of this case, and the governor will continue to defend North Carolina law,” said General Counsel Bob Stephens in the statement.
The court’s final decision is expected in November.