Nassau County Executive Bruce Blakeman has filed a lawsuit against New York State Attorney General Letitia James, accusing her of threatening legal action over recent anti-transgender sports bans.
The lawsuit was filed Wednesday by Republican Blakeman, who argues that designating separate athletic teams and sports based on sex assigned at birth “maintains equity in women's athletic opportunities.” He said that he believed it was necessary for the
“On behalf of hundreds of thousands of women and girls in Nassau County, I filed a federal lawsuit against @NewYorkStateAG to protect women's sports and ensure a safe environment for women.” Blake Mann said in a post to X.
In a statement to ABC News, a spokesperson for the Attorney General's Office called the executive order “transphobic and discriminatory.”
“Our laws protect New Yorkers from discrimination, and the Attorney General's Office is committed to upholding these laws and protecting our community,” the statement said. “This is not up for debate. The executive order is illegal and cannot stand in New York.”
James' office last week issued a cease-and-desist letter objecting to a Feb. 22 executive order banning transgender women and girls from attending events consistent with their gender identity at county-run facilities. did.
This executive order requires Long Island County sports leagues, organizations, teams, and other entities to explicitly designate teams based on an athlete's sex assigned at birth in all sports competitions and events. It is stipulated that it should not.
Under the executive order, no events or competitions will be granted that allow transgender women and girls to compete in women's sports or women's sporting events. These restrictions will take effect immediately, Blakeman's office said.
Blakeman's lawsuit argues that the executive order does not ban transgender athletes from competing in sports, arguing that “the executive order does not promote or explicitly state that transgender athletes are girls-only or girls-only. It invites biologically transgender men to compete, with the exception of teams and leagues.”
“The hard work, on-field accomplishments, and future of sports of women and girls deserve to be nurtured, nurtured, and celebrated,” Blakeman said in the executive order.
The attorney general's office claims the order “clearly violates New York State anti-discrimination law and demands its immediate revocation.”
“The immediate effect of this order is that sports leagues will be forced to make the impossible choice of either discriminating against transgender women and girls in violation of New York state law or finding other places to play. ”, the letter says. “In addition to violating basic civil and human rights, this executive order imposes unreasonably intense scrutiny on women's and women's teams and leagues, and all players on women's and women's sports teams. subjecting them to intrusive and invasive interrogation and other verification requirements.”
Blakeman's lawsuit alleges that James' order violates the Equal Protection Clause of the 14th Amendment, asking the court to force James' office to negotiate with the county on implementing the executive order. They are seeking an injunction against filing a lawsuit against Mann.
In his response to the cease-and-desist letter, he said the executive order would “stop the bullying of women and girls by transgender men who have a lot of playing field without endangering the safety and security of women. ” he said.
This executive order is contrary to local and national sports association guidelines.
The New York State Public High School Athletic Association's transgender policy states that it is “committed to providing opportunities for all students to participate in a manner consistent with their gender identity and New York State Board of Education regulations.” .
Several national and international sports league governing bodies, including the International Olympic Committee, require transgender women to meet certain hormone levels in order to play on sports teams that feature cisgender women. There is.
The National Collegiate Athletic Association's transgender guidelines vary by sport. Transgender student-athletes are typically required to record their sport-specific testosterone levels at the beginning of the season, complete a second record six months later, and again four weeks prior to championship selection.
Restrictions on hormone levels affect athletes with differences in sexual development, including intersex track and field athlete Caster Semenya, who was born with naturally high testosterone levels.
Health experts say there is no clear data on whether transgender women have a physiological advantage.
Preventing transgender youth from participating in school sports could negatively impact the physical and mental health of a population already at risk, experts wrote in a recent JAMA Pediatrics editorial. .
Local civil rights groups, including the New York Civil Liberties Union, say the executive order is illegal.
“Requiring transgender girls to compete on boys' teams would effectively exclude them from sports entirely,” the NYCLU said in a statement to ABC News. “Participating means being ostracized and denied the same opportunities that other girls enjoy: to challenge themselves, improve their fitness and be part of a team of peers. It means that.”
