Written by Jonathan Allen
NEW YORK (Reuters) – A federal judge on Thursday will allow Nassau, New York, to impose new restrictions on transgender athletes at county sports venues without facing a lawsuit by the state's attorney general for violating anti-discrimination laws. The county's request was denied.
Nassau County Executive bruce blakemanIn February, Republicans issued an order denying entry to county-run parks and sports facilities to girls' and women's sports teams that cannot prove that all of their members are designated as female on their original birth certificates.
His order is one of a number of laws, rules and regulations being advanced by Republican politicians across the country to regulate the behavior of transgender people, with no restrictions placed on men's or mixed teams. Not yet.
A few days later, New York State Attorney General Letitia JamesMr. Blakeman, a Democrat, sent a letter asking the state to rescind the order, which covers much of Long Island, which borders New York City, or risk legal repercussions. He criticized the order as “transphobic and blatantly illegal” under the state's human rights law, which puts New York among 22 states that prohibit discrimination based on gender identity.
Blakeman asked a judge to order New York State's law enforcement chief not to take legal action against the Long Island county, saying the state's anti-discrimination laws violate the U.S. Constitution. He sued Mr. James in federal district court.
On Thursday, Judge Nusrat Chaudhry ruled against Nassau County, noting that the 11th Amendment generally prevents local governments from suing the state government in federal court.
He also ruled that there is no legal standing in Nassau County, and neither is the unnamed 16-year-old volleyball player who became a plaintiff in Blakeman's case through her parents.
“If the executive order is rescinded, certain cisgender women or girls in Nassau County will face imminent injury at athletic events involving transgender women or girls on the grounds of Nassau County parks. There are no facts in the record to show,” Chaudhry wrote.
The judge said he plans to rule on the attorney general's motion to dismiss the case in its entirety in late April. A spokesperson for Mr. Blakeman did not respond to a request for comment, and the New York State Attorney General's Office declined to comment outside of the court filing.
Since issuing the order, Blakeman has been sued in state court by at least one women's team accusing the county of violating anti-discrimination laws.
(Reporting by Jonathan Allen; Editing by Leslie Adler)
