A county executive in New York has sued the state’s attorney general over an order to repeal his ban on transgender athletes competing in girls and women’s sports. The county executive claims that the order violates the constitutional rights of female athletes, while the attorney general argues that the ban is discriminatory and illegal.
On February 22, 2024, Nassau County Executive Bruce Blakeman issued an executive order that prohibits transgender athletes from participating in girls and women’s sports in county-run facilities. The order requires sports teams, leagues, and organizations to designate their teams based on the biological sex of their members at birth, and to deny access to transgender female athletes who want to compete in girls and women’s events.
Blakeman, a Republican, said that he issued the order to protect the rights and interests of female athletes, who he said face unfair competition and increased risk of injury from transgender female athletes. He said that his order is based on scientific evidence that shows that biological males have inherent physical advantages over biological females, such as greater muscle mass, bone density, and lung capacity. He also said that his order is consistent with federal law and guidance, which allows for separate athletic teams based on sex.
Blakeman’s order followed a wave of similar bills and laws enacted in other states, mostly by Republican lawmakers, that aim to restrict the participation of transgender athletes in school sports. These bills and laws have sparked heated debates and lawsuits over the rights and welfare of transgender students, as well as the definition and purpose of sex-segregated sports.
The Order: A Legal Threat to Rescind the Ban
On March 2, 2024, New York Attorney General Letitia James sent a cease-and-desist letter to Blakeman, demanding that he rescind his order within a week, or face legal action. James, a Democrat, said that Blakeman’s order is in clear violation of New York’s anti-discrimination laws, which prohibit discrimination based on gender identity or expression. She said that Blakeman’s order subjects transgender female athletes to harassment and exclusion, and forces them to choose between their identity and their sport.
James also said that Blakeman’s order is based on false and harmful stereotypes about transgender people, and that it ignores the individual differences and abilities of athletes. She said that Blakeman’s order contradicts the state’s policy and practice of allowing transgender students to participate in school sports according to their gender identity, and that it interferes with the authority and discretion of sports governing bodies, such as the New York State Public High School Athletic Association.
James said that Blakeman’s order is illegal and unenforceable, and that it will not stand in New York. She said that her office is committed to protecting the rights and dignity of transgender people, and that she will not tolerate any discrimination or hate in the state.
The Lawsuit: A Federal Challenge to Defend the Ban
On March 9, 2024, Blakeman filed a lawsuit in the U.S. District Court for the Eastern District of New York, challenging James’ order and seeking to uphold his ban. Blakeman said that James’ order violates the U.S. Constitution’s equal protection clause, which guarantees equal treatment under the law. He said that James’ order denies the equal protection rights of female athletes, who he said deserve to compete on a level playing field and to have a safe playing environment.
Blakeman also said that James’ order violates the U.S. Constitution’s supremacy clause, which establishes that federal law prevails over state law. He said that James’ order conflicts with the federal Title IX law, which prohibits sex discrimination in education, and with the federal guidance issued by the U.S. Department of Education, which allows for separate athletic teams based on sex.
Blakeman said that he filed the lawsuit on behalf of the hundreds of thousands of women and girls in Nassau County, who he said have the right to equal opportunities in athletics. He said that he is confident that the court will rule in his favor, and that he will continue to defend his order and his constituents.
Blakeman’s lawsuit was joined by a 16-year-old female volleyball player who lives in Nassau County and her parents, who said that they support Blakeman’s order and that they fear that their daughter’s athletic future will be jeopardized by transgender female athletes.
A county executive in New York has sued the state’s attorney general over an order to repeal his ban on transgender athletes competing in girls and women’s sports, sparking a legal battle over the rights and interests of both groups.
