The Obama Administration has yet to publicly respond to the Texas court decision.
Last April, the 4th Circuit ruled in favor of Gavin Grimm, a transgender student wishing to use the bathroom that matched his gender identity.
Lau said the 4th Circuit Gavin Grimm case is much more salient to HB2 discussions because it took place in North Carolina’s circuit and is about transgender students’ bathroom rights.
“A district court in Texas does not have any binding authority for a court in North Carolina,” Lau said.
Lau said when two or more circuit courts disagree on how to interpret a law, it is more likely the Supreme Court will hear the case.
“We saw that, for example, in same-sex marriage where there was a circuit split and the Supreme Court decided to step in to issue a final decision on the issue of same-sex marriage.”
Smith said he wants to see these policies in schools to help with the mental and academic health of transgender students.
“Allowing students to use bathrooms and locker rooms that correspond to their gender identities, referring to students by the names that they go by as opposed to a different name or using the correct gender pronouns,” he said. “Those are all things that really go far to affirm a student’s identity but also improving their self esteem, improving their sense of self.”
Concern for transgender students’ mental health has grown in the state, with over 150 mental health professionals signing an open letter on Wednesday to Gov. Pat McCrory asking for him to repeal HB2.
Smith said he hopes students who feel discriminated against are aware of the legal resources available to them.
“It’s important to underscore though that schools and districts can still pass trans inclusive policies,” he said. “(The Texas court decision) does not put any sort of ban.”