A judge struck down an executive order issued by New York’s Nassau County that barred male players from competing at county-run facilities in any league that doesn’t correspond to their biological sex or that isn’t a coed or mixed league.
Nassau County Supreme Court Judge Francis Ricigliano said in a May 10 order that Nassau County Executive Bruce Blakeman did not have the authority to issue the order imposing the transgender athlete ban without corresponding action by the Nassau County Legislature.
“Precedent has repeatedly established that an executive cannot enact his/her own view of what persons should be protected from discrimination without regard to laws enacted by the legislature,” the judge wrote.
Mr. Blakeman issued the executive order on Feb. 22, prohibiting the Nassau County Department of Parks, Recreation & Museums from issuing permits for the use of county facilities for competitions or sports events in which males participate in female-designated teams and leagues. The ban only applied to female-identifying males while allowing the department to issue permits for events in which women compete in men’s leagues or events.
“There is a movement for biological males to bully their way into competing in sports or leagues or teams that identify themselves or advertise themselves as girls’ or female or women’s teams or leagues,” Mr. Blakeman said at a Feb. 22 press conference, explaining the rationale for the ban.
“We find that unacceptable. It’s a form of bullying,” he said at the time.
Mr. Blakeman also argued that allowing female-identifying males to compete in women’s sports poses a safety risk to female competitors due to men’s generally superior strength and size, while also depriving women of opportunities.
The move drew backlash, with New York Attorney General Letitia James threatening to sue if the ban wasn’t overturned, prompting Mr. Blakeman to sue Ms. James, accusing her of unconstitutional discrimination.
The New York Civil Liberties Union (NYCLU) sued Mr. Blakeman over the order on behalf of the Long Island Roller Rebels, a recreational women’s flat track roller derby league that welcomes female-identifying males to participate in its activities.
The plaintiffs argued that the executive order violated numerous laws and, according to Curly Fry, a member of Roller Rebels, was “transphobic and unjust.”
Gabriella Larios, staff attorney at the NYCLU, said in a statement that the group is “gratified that the court has struck down a harmful policy that belongs in the dustbin of history.”
Mr. Blakeman told media outlets in a statement that he disagrees with the decision.
“Lack of courage from a Judge who didn’t want to decide the case on its merits. Unfortunately, girls and women are hurt by the Court,” he said. remove
Mr. Blakeman did not respond to inquiry from The Epoch Times as to whether he intends to appeal.
‘Undeniable’ Biological Differences
The overturned Nassau County executive order mandated that sports organizations applying for permits in Nassau County facilities must designate teams according to a team member’s biological sex.
Teams were to be designated into one of three categories: males, men, or boys; females, women, or girls; or coed or mixed, including males and females.
The order barred the Nassau County Department of Parks, Recreation & Museums from issuing permits for the use of county facilities for competitions or sports events in which boys or men participate in female-designated teams and leagues, though it allowed girls and women to compete in male-designated teams and leagues.
Samantha Goetz, a deputy county attorney who was recently elected as a District 18 legislator, spoke at the Feb. 22 press conference in support of the executive order.
“This is a matter that concerns the integrity, the fairness, and the safety of women’s sports,” she said. “Our biological differences are undeniable.”
Ms. Goetz, who played varsity basketball, said the executive order is also about access to opportunities like sports scholarships and, ultimately, it’s about protecting female athletes.
Opponents of the rule argued that its enforcement would require officials to make invasive inquiries about transgender athletes’ biological sex, intruding on their privacy.
A spokesperson for Ms. James’s office told The Epoch Times in an emailed statement that it believes Mr. Blakeman’s executive order was “transphobic and discriminatory” and violated New York state law.
“This is not up for debate: the executive order is illegal, and it will not stand in New York,” the spokesperson said.
New York Attorney General Letitia James speaks during a press conference at the Office of the Attorney General in New York on Feb. 16, 2024. Timothy A. Clary/AFP via Getty Images
Controversy
The issue of men competing in women’s sports has been subject to much debate and controversy, which has led to a number of states implementing new laws banning transgender-identifying athletes from participating in school sports.
While some of these transgender sports bans face legal challenges, an overwhelming majority of Americans say that athletes should only be allowed to compete on sports teams that conform to their “birth gender.”
World Athletics, the international governing body for the sport of athletics, recently banned female-identifying males from competing in women’s events at international competitions.
While the transgender movement has surged into the cultural limelight, by some accounts, the tide is turning on tolerance for transgender ideology in America.
Tom Ozimek
Reporter
Tom Ozimek is a senior reporter for The Epoch Times. He has a broad background in journalism, deposit insurance, marketing and communications, and adult education.
