County exec sues New York over order to rescind his ban on transgender female athletes

A county executive in the New York City suburbs has filed a federal lawsuit challenging a state order demanding he rescind a controversial ban on transgender athletes competing in girls’ and women’s sports.

Nassau County Executive Bruce Blakeman said in a lawsuit filed Tuesday that the “cease and desist” letter issued by state Attorney General Letitia James violates the U.S. Constitution’s "equal protection” clause, which is enshrined in the 14th Amendment.

The Republican argues that forcing him to rescind his Feb. 22 executive order denies “biological females’ right to equal opportunities in athletics” as well as their “right to a safe playing field” by exposing them to increased risk of injury if they’re forced to compete against transgender women.

"The reason we set forth this policy was because of the unpaid unfair competitive advantage that males have, they are bigger faster and stronger," Blakeman said at a press conference Wednesday, which he held alongside his co-plaintiffs: a 16-year-old female volleyball player who lives in Nassau County and her parents.

Blakeman could not cite an instance of a transgender athlete trying to play on a female team in the Long Island county, instead referencing controversy other transgender athletes in other states and "interest" from constituents. He has insisted he is being proactive to prevent it from happening.

"We’re taking action now because it’s happening around the country and we don’t want it to happen here," he said.

James’ office didn’t immediately respond to requests for comment on the litigation.

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The Democrat on Friday had threatened legal action if Blakeman didn’t rescind the order in a week, arguing in her letter that the local order violates New York’s anti-discrimination laws and subjects women’s and girls’ sports teams to “intrusive and invasive questioning” and other unnecessary requirements.

“The law is perfectly clear: You cannot discriminate against a person because of their gender identity or expression. We have no room for hate or bigotry in New York,” James said at the time.

Blakeman argues in his lawsuit that the order does not outright ban transgender individuals from participating in any sports in the county. Transgender female athletes will still be able to play on male or co-ed teams, he said.

Blakeman’s order requires any sports teams, leagues, programs or organizations seeking a permit from the county’s parks and recreation department to “expressly designate” whether they are male, female or coed based on their members’ “biological sex at birth.”

It covers more than 100 sites in the densely populated county next to New York City, from ballfields to basketball and tennis courts, swimming pools and ice rinks.

The executive order followed scores of bills enacted in Republican-governed states over the past few years targeting transgender people.

"This is just a complete waste of time and a political stunt," said David Kilmnick of the LGBT Network, calling Blakeman's actions illegal and dangerous. "We need to get real here: The bullying that is taking place is on trans youth."