A federal judge on Thursday denied Nassau County Executive Bruce Blakeman’s (R) request to block a cease-and-desist order issued by New York Attorney General Letitia James (D) demanding that Blakeman repeal an executive order that effectively prohibits transgender women and girls from competing in female athletic events.
Blakeman’s executive order, which went into effect on February 22, defines an individual’s gender as “biological sex at birth” and requires local sporting teams, leagues, and organizations to “expressly designate” membership based on members’ sex assigned at birth, not gender identity.
At a February press conference, Blakeman stated that the decision will not ban transgender athletes, male or female, from competing in all-boys or coed leagues. The executive order’s limits affect over 100 public venues in Nassau County, including parks, baseball fields, basketball courts, swimming pools, and ice rinks.
In a cease-and-desist letter dated March 1, James threatened “decisive legal action” against the county if Blakeman’s order, which also prohibits county-run facilities from hosting sporting events that allow transgender girls to participate in accordance with their gender identity, is not rescinded within five business days.
“The law is clear: you cannot discriminate against someone based on their gender identity or expression.” We have no room for hate or bigotry in New York,” James stated in a press statement.
According to the cease-and-desist letter, Blakeman’s order is “in clear violation” of the New York State Human Rights Law, which prohibits discrimination based on gender identity or expression in places of public accommodation. It will also intensify monitoring of female sports teams by focusing solely on transgender women and girls, according to James’ office.
In response to the cease-and-desist order, Blakeman sued James and the state of New York in federal court. Blakeman filed a March 7 complaint on behalf of a 16-year-old female volleyball player and her parents, requesting the court to enjoin the implementation of the state’s human rights statute against his executive order and deem the order lawful.
On Thursday, District Judge Nusrat Jahan Choudhury dismissed Blakeman’s request, stating that the county’s move for a temporary restraining order “falls far short of meeting the high bar” required to get one. According to Choudhury, Blakeman and Nassau County are unlikely to prevail in alleging that James’ ruling violates the 14th Amendment’s Equal Protection Clause.
James’ office declined to comment on Thursday’s ruling. Blakeman did not immediately respond to a request for comment.
Leading New York Democrats, who control both houses of the state legislature and the governor’s office, have condemned Blakeman’s executive order. The American Civil Liberties Union of New York filed a lawsuit against Nassau County last month on behalf of the Long Island Roller Rebels, a women’s flat track roller derby club featuring at least one transgender member.
