In late February, Nassau County legislators banned transgender athletes from participating in sports competitions, specifically the ban was intended to prevent genetically male athletes from participating on girls’ teams. New York’s Attorney General, Letitia James, immediately sent a cease-and-desist letter, saying that the ban was “discriminatory and transphobic,” but Nassau County Executive Bruce Blakeman stood his ground and the ban went into effect “immediately.”
The decision sparked not only a heated controversy but lawsuits against Nassau County. Now the New York Civil Liberties Union is suing Nassau County.
“Trans people who play sports need support and affirmation, not to be a political target,” NYCLU attorney Gabriella Larios said in a statement announcing the suit on Monday. “Nassau County’s cynical attempt to shut them out of public spaces is a blatant violation of our state’s civil and human rights laws.”
The civil liberties group filed its lawsuit on behalf of the Long Island Roller Rebels, a roller derby team that participates in bouts on the island.
The NYCLU further alleges that Nassau County athletes wishing to participate in athletic competition would be subject to “invasive inquiries” that would violate personal privacy, infringe upon bodily autonomy and “‘out’ people as transgender.” The order would affect more than 100 athletic venues operated by the county, including playing fields, basketball and tennis courts, swimming pools and ice rinks.
The suit further accuses county officials of violating New York State’s human rights and civil rights law and defying guidance from the state Education Department, which calls for allowing students to participate in physical education and athletics according to their gender identity.
Roller Rebels skater Curly Fry calls Nassau County’s policy “cruel” and says it sends a “dangerous message that trans people don’t belong in Nassau County.”
But Blakeman stands firm, and said in a statement, “Nassau County remains vigilant in protecting women’s right to compete on a fair and even playing field in a safe environment. We are disappointed that the New York Civil Liberties Union is not joining us in our fight to protect women.”
The Nassau County lawsuit marks a significant escalation in the ongoing debate over the inclusion of transgender individuals in athletic events, a subject that has seen varied opinions and legislative actions across different states.
However, while the law may be clear on the subject, popular sentiment is murkier—especially among the parents of girls who believe that the presence of biologically male athletes jeopardizes the safety and the potential success of their daughters. Some relate anecdotes of injury caused to their girls by physically larger and stronger trans athletes on girls’ teams.
Others point to the fact that the trans dominate the biological female players and take away their opportunity of playing against equals. “I’m glad because I’m tired of seeing them if they can’t make it in boys sports they switch to girls, taking away the opportunity from the real girls.”
An article in USA Today summarized the debate as “The Equality Act would jeopardize opportunities and perhaps even safety for many female athletes. It would make the playing field more unequal than ever.”
A representative comment from those supporting the ban justifies it and points to the long-established separation of genders: “They’re [trans] not banned, bullied, or excluded. They’re just forced to either accept an even playing field, by playing with other biological men, or choose to not play at all. We’ve had separation of genders in sports for a very long time, why would anyone feel excluded or mistreated just because people decide you’re not allowed to have a significant athletic advantage over them?”
The NYCLU lawsuit against Nassau County could serve as a test case for other counties and states where public sentiment may be equally at variance with the Equality Act.
