By Lindsay Press
A New York State Supreme Court judge ruled in favor of Nassau County Executive Bruce Blakeman over the county’s ban on transgender women playing on the same team as biological girls and women. The judge found that the ban was constitutional and did not violate state law.
As previously reported in Long Island Life & Politics, the Nassau County Legislature passed a law that bans biological males who identify as female from playing on all-female teams on county-owned parks and stadiums. The Long Island Roller Rebels filed a lawsuit against Blakeman, the county and the Nassau Legislature.
The Roller Rebels argued that the ban would prohibit one of its league members from participating. They also contended that the ban is in violation of the state’s Human Rights Law and the Civil Rights Law. Blakeman said the purpose of the ban is to keep female athletes safe and the law is not discriminatory because the county allows co-ed leagues in which men and women play on the same team.
On January 21, Justice R. Bruce Cozzens wrote in his decision, “[T]he power differential between adult individuals who are born male and those born female is substantial and therefore may be more dangerous. This would create additional risk to the individual and potential liability, creating costs to the municipality.”
The plaintiff in the case was aiming to ask that transgender athletes be included on female teams without the need to disclose their identity as transgender. Meanwhile, the defendant was arguing that not admitting to their identity could be harmful. On that subject, Cozzens ruled in favor of Blakeman, saying that hiding one’s gender also poses a risk. Cozzens also ruled that the county law was not in violation of the Human Rights Law or the Civil Rights Law.
“I’m very happy that State Supreme Court Judge Bruce Cozzens ruled that Nassau County’s local law banning biological males from playing on female sports teams is constitutional and that we did abide by the law,” Blakeman said. “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. 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.”
In response to the court’s decision, the president of the Roller Rebels, Amanda “Curly Fry” Urena told ABC News, “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. We hope that New York’s courts will ultimately strike down this unlawful ban and acknowledge it for what it is — transphobic and unjust.”
— Additional reporting by Hank Russell