By Lindsay Press
The New York Civil Liberties Union (NYCLU) is challenging a Nassau County court’s decision upholding Nassau County’s ban of transgender athletes from girls’ and women’s sports as constitutional. The organization is asking the courts to “reaffirm that anti-trans discrimination is prohibited by New York 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 Nassau County Executive Bruce 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, Nassau County 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 county court’s ruling is inconsistent with longstanding state law, which makes clear that Nassau’s ban is discriminatory,” said Gabriella Larios, an attorney at the NYCLU, in an official statement on the NYCLU’s website. “We will never stop fighting for the right of transgender girls and women to participate in sports like everyone else. We are doubling down on that commitment with this appeal.”
According to the American Civil Liberties Union’s (ACLU) website, there are currently 456 anti-LGBTQ bills in the United States as of February 26. The only states across the country where the ACLU has not tracked anti-LGBTQ bills are New York, Vermont, Ohio, North Carolina, Louisiana, and the District of Columbia. According to the Trans Legislation Tracker website, New York state has three anti-transgender bills under consideration. The three bills in New York are all connected to biological males identifying as females competing in women’s or girls’ sports.
Blakeman responded to the NYCLU’s challenge. “As usual, the NYCLU is on the wrong side of this important issue, and it’s tragic that they oppose fairness and safety in women’s sports,” he said in a statement.