Lesbian Couple Alleges Fertility Clinic Discrimination Due to North Carolina 'Anti-LGBT' Law

Fertility clinic allegedly denied to see them because they were same-sex couple.

ByABC News
April 21, 2016, 7:23 PM
Kelly Trent, 39, left, and Beverly Newell, 45, allege a fertility clinic refused to see them due to the fact they were a same sex couple.
Kelly Trent, 39, left, and Beverly Newell, 45, allege a fertility clinic refused to see them due to the fact they were a same sex couple.
Danielle Benham via ACLU

— -- A North Carolina couple has joined a lawsuit filed by the American Civil Liberties Union alleging that North Carolina's controversial law known as House Bill 2, which critics say is "anti-LGBT," has led to discrimination.

Beverly Newell, 45, and Kelly Trent, 39, allege a fertility clinic refused to see them due to the fact they are a same-sex couple. The married couple said the fertility clinic, which they have not named, called them to cancel their appointment after HB2 was signed into law saying it does not serve same-sex couples, the ACLU announced today.

“It’s unnerving to know that we could be turned away by any business for being a same-sex couple and have no recourse because of HB2,” Newell said in a statement today. "HB2 has encouraged this type of conduct and we no longer have the ability to file discrimination complaints when this type of thing happens in our home city of Charlotte. The bill has made it OK to harm LGBT people. The state of North Carolina is better than this."

The couple did not name the fertility clinic in the filing but pointed out that the North Carolina bill permitted the clinic to discriminate against them. The lawsuit, originally filed in March in U.S. District Court in North Carolina, was amended today to include additional plaintiffs, including Newell and Trent, and the defendants include North Carolina Gov. Pat McCrory.

House Bill 2, formally known as the Public Facilities Privacy and Security Act, declares that state law overrides all local ordinances concerning wages, employment and public accommodations. It was signed into law by Gov. McCrory in March. The law bars local municipalities from creating their own rules prohibiting discrimination in public places based on sexual orientation and gender identity. Though North Carolina does have a statewide nondiscrimination law, it does not include specific protections for LGBT people.

The HB2 law also directs all public schools, government agencies and public college campuses to require that multiple-occupancy bathrooms and changing facilities, such as locker rooms, be designated for use only by people based on their "biological sex" as stated on their birth certificates. Transgender people can use the bathrooms and changing facilities that correspond to their gender identities only if they get the biological sex on their birth certificates changed.

Lambda Legal, the ACLU, and the ACLU of North Carolina filed a lawsuit on March 28 challenging HB2, which includes limitations in protections for transgender people. The law bans people from using bathrooms that don't match the sex indicated on their birth certificate. That original filing was amended today to include Newell and Trent, according to the ACLU.

“Beverly and Kelly deserve to feel secure in knowing that when they go about their daily lives in Charlotte and interact with businesses open to the public, any discrimination they encounter is illegal. HB2 robs them of that,” Chris Brook, legal director of the ACLU of North Carolina, said in a statement today. “This law gives people the green light to discriminate against LGBT people and sends a daily message that LGBT people across the state are not worthy of dignity and respect.”

In its filing, the ACLU alleges that before HB2 passed, Newell and Trent would have been protected due to a Charlotte ordinance that expanded anti-discrimination protections to include LGBT people.

"HB2 has exposed them to discrimination based on sexual orientation," ACLU Senior Staff Attorney Elizabeth Gill told ABC News. "It was their experience that all of the discussion about HB2 and its effects was basically giving license to businesses in the state to discriminate. They did experience discrimination and are worried it would happen again."

A third plaintiff, a transgender teen, was also added to the lawsuit today.

More and more businesses and celebrities have publicly voiced their pleas to McCrory and state lawmakers to repeal HB2 in recent weeks.

Over 160 CEOs and business leaders signed an open letter with the Human Rights Campaign and Equality North Carolina earlier this month, urging the bill's repeal in the state's upcoming legislative session on Monday.

Additionally, the chambers of commerce for greater Raleigh and greater Durham, two of North Carolina's biggest cities, have called for HB2's repeal. And NBA Commissioner Adam Silver said today the league has made contingency plans for the 2017 All-Star Game, though it has not set a deadline to decide whether it will be in Charlotte.

ABC News' Avianne Tan contributed to this report.