A federal judge has dismissed Nassau County Executive Bruce Blakeman’s lawsuit against the state of New York, which sought to uphold his executive order banning transgender athletes from participating in girls’ and women’s sports teams using county facilities. The lawsuit was filed in response to a “cease and desist” letter from New York State Attorney General Letitia James, who argued that the ban violated state anti-discrimination laws.
Blakeman’s executive order, signed on February 22, aimed to restrict more than 100 county facilities, including ballfields, basketball and tennis courts, swimming pools, and ice rinks, from issuing permits to sports teams that include transgender athletes. The order required teams to designate themselves as male, female, or coed, and any team designated as “female” would be denied permits if they allowed transgender athletes to participate. The ban did not apply to men’s teams with transgender athletes.
Blakeman defended the order, stating that it was intended to protect the “right to equal opportunities in athletics” for those assigned female at birth and to ensure their “right to a safe playing field.” He argued that girls and women in contact sports might be at risk of injury if forced to compete against transgender women, citing the “unfair competitive advantage” that males have due to being “bigger, faster, and stronger.”
During a news conference, Blakeman was joined by a local 16-year-old volleyball player and her parents, who are also plaintiffs in the lawsuit. He emphasized that the policy was based on scientific facts and aimed to maintain fairness in sports.
However, Attorney General James’ office condemned the order as “transphobic and discriminatory.” James threatened legal action if Blakeman did not rescind the order within a week, arguing that it would subject women’s and girls’ sports teams to “intrusive and invasive questioning.”
Blakeman’s executive order followed a trend of similar measures enacted in Republican-governed states, which have included bans on gender-affirming medical care for transgender minors, restrictions on transgender girls and women in sports, and bans on drag performances.
Blakeman noted that no teams or organizations had applied for permits under the new order, as licensing for seasonal sporting events was just beginning. He also stated that he was not aware of any local teams attempting to field transgender athletes in female sports. He argued that the order did not outright ban transgender individuals from participating in sports at county facilities, as transgender female athletes could still play on male or coed teams.
“Transgender athletes have many avenues to compete,” Blakeman said. “So we’re not precluding anyone. We’re not denying anybody.”
Nassau County’s facilities include the 900-acre Eisenhower Park, which houses the training facility for the NHL’s New York Islanders and an Aquatic Center that has hosted NCAA’s Big East Conference swimming and diving championships. Islanders officials did not respond to requests for comment, but Big East spokesperson John Paquette stated that the conference had not made any decisions about future plans at the East Meadow venue. The Big East’s policies for transgender athletes follow those of the NCAA, which are based on the policies of national or international governing bodies for each sport.
LGBTQ advocacy groups have expressed skepticism about the legal arguments in Blakeman’s lawsuit. Sarah Warbelow, a vice president at the Human Rights Campaign, pointed out that federal judges have repeatedly found blanket bans on transgender athletes to likely violate the equal protection clause. Recent judicial rulings in Idaho and West Virginia have challenged similar restrictions.
David Kilmnick, president of the LGBT Network, a Long Island-based advocacy group, highlighted that the 14th Amendment has been cited in transgender workplace discrimination cases, including that of Vandy Beth Glenn, who was fired from her job with the Georgia General Assembly after announcing her intention to transition from male to female.
“Courts have recognized that discrimination against transgender individuals often constitutes discrimination based on sex, which is prohibited by the 14th Amendment,” Kilmnick said. “These rulings have affirmed that transgender individuals are entitled to the same legal protections against discrimination as everyone else.”
The dismissal of Blakeman’s lawsuit underscores the ongoing legal and social debates surrounding the participation of transgender athletes in sports. As the issue continues to evolve, it remains a contentious topic with strong opinions on both sides.
Source: Associated Press
