A Nassau County judge has upheld Nassau County Executive Bruce Blakeman’s controversial executive order banning trans women from competing women’s sports leagues in county facilities.
Blakeman first introduced the trans ban last February, and in March, the New York Civil Liberties Union (NYCLU) challenged it on behalf of the Long Island Roller Rebels, a recreational flat-track roller derby league that explicitly welcomes trans women and intersex women to play in the league. If Blakeman’s executive order were to take effect, one or more members of the Roller Rebels would be banned from the recreational league.
“A biological male regardless of transitioning would be possessed of greater athleticism and speed, strength, muscle mass, stronger hearts and greater bone density,” New York State Supreme Court Justice Bruze Cozzens wrote in his Jan. 21 decision. He added that the “substantial” power difference may be a liability for the county.
The ruling comes eight months after the Nassau County Supreme Court rejected it. Notably, it also comes one week after the U.S. House of Representatives passed a similar bill, and just one day after President Donald Trump signed an executive order so the U.S. will only legally recognize two genders, male and female.
Banning trans women from women’s sports leagues is not an exclusion based on gender identity, Cozzens wrote, and does not demonstrate discrimination under the law.
“The municipality is not obligated to provide a recreational setting for each and every individual residing within its confines,” Cozzens wrote.
Blakeman welcomed the decision.
“I’m gratified that we were the first in America to do it, and I think we set the tone for the rest of the nation,” Blakeman said in a statement. “The federal courts have recently ruled the same way, so we have the federal courts and the state courts saying that you can make this distinction. We’re very happy that both courts have agreed with us. As we’ve said all along, it’s just common sense. Biological males should not play in female sports. They have a competitive advantage. It’s unfair, and it’s also unsafe.”
The executive order would have leagues defer to the sex listed on an individual’s birth certificate as long as that birth certificate was filled out at or around the time of birth and not later. It is unclear if this means every woman who would like to participate in a recreational sports league must provide their birth certificate as proof of being cisgender, or if only women who are suspected to be transgender must then provide evidence proving otherwise.
The NYCLU and the Roller Rebels both blasted the decision, which they vowed to appeal.
“We are disappointed but undaunted by today’s decision, and we are taking all the necessary steps to appeal,” said Gabriella Larios, staff attorney at the New York Civil Liberties Union. “This decision is an outlier among the many courts to have considered the same question. It is also inconsistent with longstanding state law, which makes clear that Nassau’s ban unlawfully discriminates against transgender girls and women, as well as the teams that welcome them. This ban leaves a lasting stain on the County’s government and legislature, which have been relentless in their efforts to shut trans people out of sports.”
Curly Fry, president of the Roller Rebels, remained optimistic that the appeals court will overturn the ruling.
“At a time of rising anti-LGBTQ+ hate and violence across the country, keeping this ban intact is not only cruel, but it is also dangerous,” Fry said. “This harmful legislation sends the message that trans people don’t belong in Nassau County. Trans people belong everywhere including in sports. We hope that New York’s courts will ultimately strike down this unlawful ban and acknowledge it for what it is — transphobic and unjust.”
