Nassau County Executive Faces Legal Backlash for Protecting Girls’ Sports

In February, Nassau County Executive Bruce Blakeman signed an executive order that was intended to keep biological men out of women’s sports. The order denied “permits to the county-run parks and sports facilities if the girls’ and women’s sports teams couldn’t say all members on the teams were biological females.” The decision got its fair share of backlash, including a letter from New York Attorney General Letitia James (D) demanding Blakeman rescind the order “or risk legal consequences,” claiming the order violates New York’s anti-discrimination laws.

In response, “Blakeman sued James in U.S. District Court on Long Island, asking the judge to order New York’s chief law enforcement officer not to pursue legal action against the county and arguing that the state’s anti-discrimination laws violate the U.S. Constitution,” Reuters reported. But on Thursday, Judge Nusrat Choudhury claimed “the Constitution’s 11th Amendment generally prevents a local government from suing a state government in federal courts.” As such, the judge denied Blakeman’s request.

Choudhury stated the county has no legal standing, writing, “There are no facts in the record showing that any specific cisgender woman or girl in Nassau County will face imminent injury in an athletic event involving a transgender woman or girl on Nassau County Parks property if the Executive Order is invalidated.”

Further complicating matters, Blakeman was sued by the Long Island Roller Rebels, a local derby league, in a lawsuit that was supported by the New York Civil Liberties Union.

Despite the backlash, Blakeman is not backing down, nor is he alone in taking bold action to protect fairness in sports.

Already, 25 states have passed laws or regulations requiring students to play on sports teams that match their biological sex. Adding to growing number of international sports boards who’ve enacted stricter rules on trans participation, the Women’s Pro Golf Tour ruled in March that players “must be a biological female to participate.” In Congress, Senator Tommy Tuberville (R-Ala.) and Rep. Greg Steube (R-Fla.) are also pursuing federal bills to “block biological men from participating in any U.S. Olympic Committee event intended for women.”

Meanwhile, Judge Choudhury claimed, “There are no facts in the record showing” trans-identifying athletes pose threats of injury to biological females “on Nassau County Parks property.” Experts quickly fired back that there are numerous accounts of women and girls being injured by trans-identifying athletes — not just in the U.S. but around the world.

The Washington Stand recently reported on an Australian sports league that lost 24 female athletes over their fear of being hurt by trans-identifying players, stating it was better to “quit the league … than play against” biological males against their will. And in February, a male-born basketball player participating on a girls’ team was responsible for three major injuries to girls on the opposing team — all before halftime. The team whose players fell victim was forced to forfeit the game since they didn’t have enough non-injured players to continue.

Meg Kilgannon, senior fellow for Education Studies at Family Research Council, shared with The Washington Stand, “It’s hard to believe that a female judge could issue such a delusional ruling.” She continued, “Of course, women and girls are harmed by the presence of men or boys on our teams, in our locker rooms, or any other private space. Even though I don’t live in Nassau County, New York, I am grateful to brave county commissioners who are willing to stand up to state authorities in an attempt to protect the children and families they represent.”

Kilgannon concluded, “In due time, Judge Choudhury and AG James will come to regret these actions that are an offense to natural law and the rights of women and girls.”