Judge Blocks Nassau County Transgender Athlete Restrictions

April 5, 2024

    Nassau County’s Transgender Athlete Restrictions Halted by Federal Judge

    In a recent legal development, Nassau County’s attempt to impose new restrictions on transgender athletes has been blocked. A federal judge has denied the county’s request to enforce these restrictions without the risk of legal repercussions from New York State’s Attorney General, Letitia James. This decision comes as a significant setback for Nassau County Executive Bruce Blakeman, who had issued an order in February denying permits to girls’ and women’s sports teams that do not certify all members were designated female on their original birth certificates.

    The order, which has sparked controversy and legal challenges, is part of a broader trend of Republican-led initiatives aimed at regulating the conduct of transgender individuals across the United States. However, Blakeman’s directive does not apply to men’s or mixed teams. Shortly after the order was issued, Attorney General James warned Blakeman to withdraw the directive, labeling it “transphobic and blatantly illegal” under New York’s human rights laws. These laws place New York among 22 states that prohibit discrimination based on gender identity.

    Blakeman responded by filing a lawsuit against James in U.S. District Court on Long Island, seeking to prevent the state’s chief law-enforcement officer from taking legal action against the county. He argued that the state’s anti-discrimination laws were unconstitutional. Nonetheless, Judge Nusrat Choudhury ruled that Nassau County lacked the legal standing to sue a state government in federal courts, citing the Constitution’s 11th Amendment.

    Moreover, Judge Choudhury found no evidence that any cisgender woman or girl would face imminent harm from competing with transgender athletes on county property if the executive order were invalidated. The judge has deferred her decision on whether to dismiss the lawsuit entirely until later in April. While a spokesman for Blakeman has not responded to requests for comment, the attorney general’s office has remained silent beyond its court filings. Since the controversial order was put in place, Blakeman and Nassau County have faced at least one lawsuit from a women’s team alleging violation of anti-discrimination laws.

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