Nassau County Executive Bruce Blakeman has filed a lawsuit against New York Attorney General Letitia James after she threatened legal action over the county’s recent anti-transgender sports ban.
The lawsuit was filed on Wednesday by Blakeman, a Republican, who said he believes the designation of separate athletic teams or sports based on sex assigned at birth “is necessary to maintain fairness for women’s athletic opportunities.”
“On behalf of the hundreds of thousands of women and girls in Nassau County, I have filed a federal lawsuit against @NewYorkStateAG to protect women’s sports and ensure a safe environment for women,” Blakeman said in a post on X.
In a statement to ABC News, a spokesperson for the attorney general’s office called the executive order “transphobic and discriminatory.”
“Our laws protect New Yorkers from discrimination, and the Office of the Attorney General is committed to upholding those laws and protecting our communities,” the statement said. “This is not up for debate: the executive order is illegal, and it will not stand in New York.”
Last week, James’ office issued a cease-and-desist letter against his Feb. 22 executive order that bans transgender women and girls from competing in events aligning with their gender identity in county-run facilities.
The executive order states that sports leagues, organizations, teams and other entities in Long Island County must expressly designate teams based on an athlete’s sex assigned at birth for all sporting competitions or events.
Nassau County Executive Bruce Blakeman, at podium, speaks during a news conference in Mineola, N.Y., March 6, 2024.
Philip Marcelo/AP
Under the executive order, permits will not be given to any event or competition that allows transgender women or girls to compete in girls’ or women’s sporting events. These restrictions were set to go into effect immediately, according to Blakeman’s office.
Blakeman’s lawsuit argues that the executive order is not a ban on transgender athletes competing in sports: “The Executive Order invites transgender biological males to compete except in teams and leagues that advertise or identify as exclusively all-girls or all-women.”
“Women and Girls hard work, on-field achievements, and athletic futures deserve to be fostered, nurtured, and celebrated,” Blakeman stated in the executive order.
The attorney general’s office argues that the order is “in clear violation of New York State anti-discrimination laws and demands that it be immediately rescinded.”
“The Order’s immediate effect is to force sports leagues to make an impossible choice: discriminate against transgender women and girls, in violation of New York law, or find somewhere else to play,” said the letter. “In addition to violating basic civil and human rights, the executive order will impose undue increased scrutiny on women’s and girls’ teams and leagues and will also subject all athletes on women’s and girls’ sports teams to intrusive and invasive questioning and other verification requirements.”
New York Attorney General Letitia James speaks during a news briefing, Feb. 16, 2024, in New York.
Bebeto Matthews/AP, FILE
Blakeman’s lawsuit claims James’ order violates the Equal Protection Clause of the Fourteenth Amendment and asks the court to enjoin James’ office from taking action against the county and Blakeman for implementing the executive order.
In his response to the cease-and-desist letter, he said his executive order “stops the bullying of women and girls by transgender males who have many outlets to compete without putting the safety and security of females in danger.”
The executive order goes against guidelines from local and national sports associations.
The New York State Public High School Athletic Association’s transgender policy states that it is “committed to providing all students with the opportunity to participate … in a manner consistent with their gender identity and the New York State Commissioner of Education’s Regulations.”
The governing bodies of several national and international sports leagues, including the International Olympic Committee, require transgender women to meet certain hormone levels in order to play on sports teams with cisgender women.
The National Collegiate Athletic Association transgender guidelines vary from sport to sport. Transgender student-athletes typically need to document sport-specific testosterone levels at the beginning of their season and a second documentation six months later, and then another documentation four weeks before championship selections.
Restrictions on hormone levels have impacted athletes with differences in sex development, including track star Caster Semenya, who was born intersex and has naturally high testosterone levels.
There is no clear data on whether transgender women have an advantage physiologically, according to health experts.
Experts wrote in a recent JAMA Pediatrics editorial that preventing trans youth from participating in school sports could be bad for the mental and physical health of an already at-risk population because they lose out on the developmental benefits of sports participation.
Local civil rights advocacy groups, including the New York Civil Liberties Union, argue that the executive order is illegal.
“Requiring girls who are trans to compete on boys’ teams effectively bars them from sports altogether,” NYCLU said in a statement to ABC News. “Participating would mean being outed and being denied the same opportunities other girls enjoy: to challenge themselves, improve fitness, and be part of a team of their peers.”
Nassau County Executive Laura Curran has recently filed a lawsuit against New York Attorney General Letitia James regarding the repeal of a ban on transgender athletes participating in sports. The ban, which was put in place by former President Donald Trump’s administration, prohibited transgender individuals from competing in sports that align with their gender identity.
The lawsuit, filed in federal court, argues that the repeal of the ban is unconstitutional and violates the rights of cisgender athletes. Curran believes that allowing transgender athletes to compete in sports that align with their gender identity will create an unfair advantage and potentially harm the integrity of women’s sports.
In a statement, Curran said, “I believe in equality and fairness in sports, and I believe that allowing transgender athletes to compete in women’s sports is not fair to cisgender athletes. We must protect the integrity of women’s sports and ensure that all athletes have a level playing field.”
On the other hand, supporters of the repeal argue that transgender individuals should have the right to compete in sports that align with their gender identity and that banning them from doing so is discriminatory. They believe that transgender athletes should be allowed to participate in sports just like any other athlete, without fear of discrimination or exclusion.
The lawsuit has sparked a heated debate among lawmakers, activists, and the public. Many are divided on the issue, with some supporting Curran’s stance on protecting the integrity of women’s sports, while others argue that transgender individuals deserve the same rights and opportunities as cisgender athletes.
It remains to be seen how the lawsuit will unfold and what impact it will have on transgender athletes in Nassau County and beyond. As the legal battle continues, it is clear that the issue of transgender inclusion in sports is a complex and contentious one that will require careful consideration and thoughtful dialogue to reach a resolution that is fair and equitable for all athletes.
