After New York State Attorney General Letitia James ordered Nassau County to issue a “cease and desist” order that would create a new ban on biological male participation in women’s sports, local leaders are calling the state’s He countered by filing a federal lawsuit claiming his stance was a form of “bullying” against women.
It’s the latest installment in a saga pitting New York state’s Democratic leadership against Republican-led counties tired of its progressive mission.
In February, Nassau County Executive Bruce Blakeman issued an executive order banning trans women and girls from participating in all-female sporting events at county-owned facilities, stating that such competitions are unfair. They argued that it was unconstitutional and physically dangerous.
James issued a cease-and-desist order against the county. The New York Civil Liberties Union later filed a lawsuit on behalf of the women’s roller derby team, calling the order a “harmful and transphobic policy.”
New York County Moves to Block Biological Males from Participating in Women’s Sports at Local Facilities
Attorney General Letitia James spoke at a news conference at her New York office. (AP Photo/Richard Drew, File)
Now, Nassau County is suing James and the state of New York in federal court, alleging in a separate lawsuit that the attorney general “unconstitutionally discriminates” against women and girls.
“This is not anti-trans. It’s about protecting women and girls,” Blakeman said at a press conference Monday alongside Olympic champion and trans activist Caitlyn Jenner, calling his order “bullying” female athletes. He asserted that he would protect the public and ensure fairness and safety.
Jenner, who described New York as a “living hell,” highlighted James’ priorities by juxtaposing the attorney general’s lawsuit against former President Donald Trump and Nassau County with the violence on New York City’s subways.
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Caitlyn Jenner slams biological male athletes in women’s and women’s sports during a press conference in Nassau County, New York, Monday, March 18, 2024. (Fox News)
“What I’m concerned about is that if this is a woke agenda and the DEI world that’s out there, if this continues, it’s going to ruin women’s sports for the next 10 to 20 years. It could. Let’s stop it now,” she said, to applause from the crowd. “What will it be like 20 years from now? … Young girls want to go play sports and say, ‘Oh, I don’t want to play women’s sports. I have to play against boys.’ It will be like that.”
David Gelman, a New Jersey-based attorney and former prosecutor, said the two lawsuits present arguments on both sides of the trans sports controversy while also addressing important issues, including “legally recognized gender identity.” He said he is asking the court to make a decision on the matter.
read federal government lawsuit here
“Nassau County’s position is based on the reality that a person who is born male (biologically male) but identifies as female is still biologically male,” Gelman told Fox News Digital. he said. “If you accept that premise, then these transgender men are not protected class men and are actually violating the rights of a protected class (women).”
On the other hand, he said, courts could consider trans women to fall within the federally protected class of women.
“The NYCLU essentially ignores biological reality in its verified petition, as if gender is inherently unknown at birth, despite biological markers that indicate the contrary.” It simply defines these people as another type of woman in need of protection: “transgender women.” ” He said.
The NYCLU’s lawsuit accuses Blakeman and Nassau County of violating New York State’s Gender Expression Anti-Gender Act (GENDA).
Jenner argued that the GENDA law violates both Title IX, which protects women’s rights in schools, and women’s rights under the Fourteenth Amendment, which guarantees equal protection under the law.
“Transgender people who play sports need support and affirmation, not political targets,” NYCLU attorney Gabriela Larios said in a statement. “Nassau County’s cynical attempt to exclude residents from public spaces is a blatant violation of the state’s civil and human rights laws.”
County Executive Bruce Blakemen speaks during a news conference on Monday, March 18, 2024, in Nassau County, New York, regarding the new federal lawsuit against Attorney General Letitia James. (Fox News)
Blakeman’s office has repeatedly denied allegations of discrimination, insisting that trans sporting events are not prohibited on county property.
“In fact, the executive order invites transgender biological males to compete, except for teams or leagues that advertise or clearly identify as all-female or all-female,” the federal lawsuit states. is written.
There are about 100 county-owned venues covered by the order, which are equipped for a variety of sports, including softball, volleyball and basketball.
Read the NCLU lawsuit here
The NYCLU lawsuit, on behalf of the Massapequa-based women’s roller derby team known as the Long Island Roller Rebels, argues that “the term ‘biological sex’ is inaccurate” and that biological They claim the county’s ban on the men violates their rights and privileges. It takes away the positive effects of athletics, especially for young people.
The team’s motto, posted on its website, is “Skate Fast, Hit Hard, Go Low.”
The suit states that a high school coach whose student identifies as a trans woman has the choice of “complying with state laws requiring transgender girls to be treated according to their gender identity or excluding the transgender girl from their team.” “There is a possibility that we will be forced to do so.” County facilities. ”
Caitlyn Jenner arrives at the Vanity Fair Oscar Party at the Wallis Annenberg Center for the Performing Arts on February 28, 2016 in Beverly Hills, California. (John Shearer/Getty Images)
But Blakeman insisted his order was within state and federal law and said trans athletes can participate in sports.
“Women and girls are a protected class under the United States Constitution and the New York State Constitution,” he said earlier this month. “And we protect women from bullying by transgender men who want to compete with biological women.”
Failure to do so would be unfair to female athletes, he said.
“That’s what we believe is wrong,” he said. “And we think there is no discrimination because they have other avenues to compete.”
Nassau County Executive Bruce Blakeman speaks at an event in Woodbury, New York on January 5, 2024x. (Howard Schnapp/Newsday RM via Getty Images)
James, who won a lawsuit against the former president for more than $350 million in a Manhattan court, later appeared in front of FDNY members at a promotion ceremony, only to hear chants of “Trump! Trump! Trump,” he shouted, prompting jeers and boos. ! ”
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“County Executive Blakeman’s executive order is transphobic and discriminatory,” a spokesperson for James’ office told Fox News Digital. “Our laws protect New Yorkers from discrimination, and the Attorney General’s Office is committed to upholding these laws and protecting our communities. This is uncontroversial. The executive order is illegal. And that doesn’t work in New York.”
The court will now have an opportunity to consider it.
FOX News’ Jennifer Johnson contributed to this report.
