A state judge in New York says that a ban on transgender athletes competing in women’s sporting events at facilities run by Nassau County does not violate state laws.
The decision could lead Democrats and left-wing activists to consider whether they should fight such bans through legislation or let the battle play out in the court system.
A State Supreme Court justice, Bruze Cozzens, wrote in his ruling this week, “There can be no question (even without discovery) that a biological male, regardless of transitioning, would be possessed of greater athleticism and speed, strength, muscle mass, stronger hearts and greater bone density.
“The goal of the local law is to provide a safe environment for individuals who are born female to play,” he said.
As of Thursday, Nassau County is the only county in New York to implement such a ban.
The Nassau County executive, Bruce Blakeman, celebrated the ruling, calling the decision to let such bans stand is “just common sense.
“Biological males should not play in female sports. They have a competitive advantage. It’s unfair, and it’s also unsafe,” he said.
In a statement, a staff attorney at the New York Civil Liberties Union, Gabriella Larios, said, “We are disappointed but undaunted by today’s decision, and we are taking all the necessary steps to appeal.”
The latest ruling is “inconsistent with longstanding state law, which makes clear that Nassau’s ban unlawfully discriminates against transgender girls and women, as well as the teams that welcome them,” she added.
The NYCLU, which brought the lawsuit, said it intends to appeal the decision.
For Democrats, the ruling could force them to choose between fighting for the inclusion of transgender athletes, an issue that hurt their party in the 2024 election, or trying to avoid the issue with the hope the ongoing legal battle over the ban will resolve the issue for them.
President Trump and Republicans hammered Democrats over left-wing transgender policies during and after the presidential campaign. Republicans and more moderate Democrats have credited the attacks with helping to sway voters who felt their party was prioritizing polarizing cultural issues over basic problems such as inflation. The results of the election have left Democrats divided about how much they should lean into cultural issues over economic ones.
Speaking to global leaders at the World Economic Forum at Davos, Switzerland Thursday, Mr. Trump reiterated his position on the issue. “I’ve made it official, an official policy of the United States that there are only two genders, male and female,” he said. “And we will have no men participating in women’s sports.”
Democrats in New York believe that the state has several laws designed to prevent discrimination that they believe should prohibit such bans, like a Human Rights Law that prevents discrimination on the basis of gender identity. Voters in New York also approved Proposition 1, an amendment to the state’s constitution that also prohibits discrimination for a variety of reasons, including gender identity, in the November elections.
While Democrats control both chambers of the legislature and the governor’s mansion in New York, they could pass legislation preventing bans like Nassau County’s.
An Assemblywoman, Jessica Gonzales-Rojas, told the Times Union she believes the issue will “continue to play through the court system, and we’re going to continue to fight it.”
Meanwhile, an Assemblyman who represents Nassau County, Charles Lavine, tells The New York Sun the ban is unconstitutional and predicted that a separate lawsuit brought by the New York State attorney general, Letitia James, would succeed in striking it down.
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