Nassau County Executive Bruce Blakeman has taken legal action against New York Attorney General Letitia James to defend his ban on transgender participation in sports.
Blakeman issued an executive order on February 22 to immediately stop trans women from joining women’s sports teams. On March 1, James objected, stating that the executive order is discriminatory and illegal. stating responding cease-and-desist letter to Blakeman’s office, giving him five days to withdraw the executive order.
James stated, “The law is clear: you cannot discriminate against a person because of their gender identity or expression. We have no room for hate or bigotry in New York,” James declared. “This executive order is transphobic and blatantly illegal. Nassau County must immediately rescind the order, or we will not hesitate to take decisive legal action.”
Over 100 athletic centers across Long Island will be affected by the executive order, requiring every member of an athletic team to identify their sex assigned at birth.
Blakeman’s lawsuit was filed with the U.S. District Court for the Eastern District of New York. Blakeman refers to the 14th Amendment and Title IX in his defense. The 14th Amendment, which expanded the applicability of the Bill of Rights to state governments, contains an Equal Protection Clause, which Blakeman argues only pertains to women, not transgender individuals. Title IX also guarantees the right to non-discrimination based on sex, which Blakeman uses to argue that allowing trans women to participate discriminates against cisgender women. Courts have previously ruled that discrimination against transgender individuals can be a type of sex discrimination, including in the Supreme Court’s decision in Bostock v. Clayton Co.
His lawsuit further argues that the state's Human Rights Law does not protect transgender people. In New York, this law safeguards certain groups from discrimination, including gender identity as one of these protected classes. Nevertheless, it does not explicitly mention sports as a context where these protections apply.
The lawsuit also includes the Mullen family as plaintiffs. They argue that their 16-year-old daughter, who plays volleyball, may be at risk if she has to compete with a transgender girl.
In a recent press conference, Blakeman stated, “We don’t want 6-foot, 210-pound males competing against women and girls who are not that big, they’re not that strong. That’s an unfair competition. It’s dangerous. And we also don’t want biological males in the same locker rooms as biological females.”
In response to the lawsuit, a spokesperson for James said, “This is not up for debate: the executive order is illegal, and it will not stand in New York.” Gothamistof supporting the LGBTQ+ community. She organized Drag Story Hour at an LGBTQ+ community center following anti-LGBTQ+ protests and has joined other attorneys general in urging the Colorado Supreme Court to rule in favor of a trans individual allegedly discriminated against by Masterpiece Cakeshop. She has also condemned hate acts such as the burning of
James has a history Blakeman defended his legal action by stating that it is not biased, pointing out that transgender girls can still participate in boys' teams, mixed-gender teams, or transgender-exclusive teams. pride flags.
Gabriella Larios stated to
that the New York Civil Liberties Union is exploring legal possibilities for this situation, highlighting the risk that this legal action presents to transgender individuals. ABC 7 NY He argues that the Constitution specifically safeguards the rights of cisgender women, but not those of transgender individuals.
