Attorney General Letitia James orders removal of Bruce Blakeman's transgender restrictions in Nassau
New York Attorney General Letitia James has issued a "cease and desist" letter to Nassau County Executive Bruce Blakeman over his executive order barring transgender girls from competing in girls' sports at county facilities. Credit: AP/Brittainy Newman
New York Attorney General Letitia James on Friday said Nassau County Executive Bruce Blakeman must rescind his executive order barring transgender girls from participating in girls' sports at county parks and facilities, writing that it is in "clear violation" of the state's anti-discrimination laws.
Blakeman declined, saying he can legally "create classifications" and is prepared to defend the order in court.
The attorney general's office issued a "cease and desist" letter over his Feb. 22 order requiring organizations seeking county parks permits to “expressly designate” whether their athletes are male, female or coed based on the participant's "biological sex at birth."
James called the order "blatantly illegal." New York State human rights law forbids places of public accommodation to "discriminate on the bases of 'sex' and 'gender identity or expression,'" according to the letter. The county has five business days to comply or face legal action, the letter said.
"The law is perfectly clear: you cannot discriminate against a person because of their gender identity or expression," James, a Democrat, said in a statement.
Blakeman, a Republican, said, “We believe that not only is the law on our side, but the facts are on our side as well. We are very, very confident in the position that we've taken."
The order took effect immediately at more than 100 county sites, Blakeman has said, including tennis and basketball courts, ballfields and swimming pools. It does not affect transgender boys participating in male sports.
Blakeman has said he does not know of any cases in which transgender girls were attempting to compete in women's sports at county facilities.
His order "plainly" discriminates against transgender women and girls based on their gender identity or expression, wrote Sandra Park, chief of the attorney general's civil rights bureau. It would have far-reaching impacts for all New York athletes, preventing transgender women in other parts of the state from competing in Nassau County, Park wrote, and result in a "policing" of girls' sex and gender identities. "The order’s immediate effect is to force sports leagues to make an impossible choice: discriminate against transgender women and girls, in violation of New York law, or find somewhere else to play," Park wrote.
The order uses a "permitting scheme" to discriminate on the basis of sex, she said.
While a men's team may receive a permit "regardless of whether any participants were assigned female at birth," the same is not true for women's or girls' teams, Park wrote, because they "may not receive a permit if any participant was assigned male at birth."
Enforcing the order would subject female athletes to "intrusive and inappropriate inquiries or verification requirements that will harm cisgender and transgender women and girls alike."
Blakeman maintained "there is no discrimination."
"My lawyers tell us the law allows you to create classifications that are reasonable, fair and responsible, and we believe that we have done so," he said.
His order resembles efforts nationwide to limit transgender athletes' participation in school sports. Multiple states have passed laws that have drawn court challenges. In April, the Republican-led U.S. House passed a bill similar to the state laws.
Jami Taylor, a University of Toledo professor who studies LGBTQ issues and politics, said the order runs contrary to state law and a 1977 case, Richards vs. The U.S. Tennis Association, that resulted in the New York Supreme Court siding with transgender tennis player Renée Richards' bid to play in the U.S. Open women's competition.
“It flies in the face of the Richards case," Taylor said. "They've already lost under New York law. They've already lost the argument. It's done.”
With John Asbury and Vera Chinese
New York Attorney General Letitia James on Friday said Nassau County Executive Bruce Blakeman must rescind his executive order barring transgender girls from participating in girls' sports at county parks and facilities, writing that it is in "clear violation" of the state's anti-discrimination laws.
Blakeman declined, saying he can legally "create classifications" and is prepared to defend the order in court.
The attorney general's office issued a "cease and desist" letter over his Feb. 22 order requiring organizations seeking county parks permits to “expressly designate” whether their athletes are male, female or coed based on the participant's "biological sex at birth."
James called the order "blatantly illegal." New York State human rights law forbids places of public accommodation to "discriminate on the bases of 'sex' and 'gender identity or expression,'" according to the letter. The county has five business days to comply or face legal action, the letter said.
"The law is perfectly clear: you cannot discriminate against a person because of their gender identity or expression," James, a Democrat, said in a statement.
Blakeman, a Republican, said, “We believe that not only is the law on our side, but the facts are on our side as well. We are very, very confident in the position that we've taken."
The order took effect immediately at more than 100 county sites, Blakeman has said, including tennis and basketball courts, ballfields and swimming pools. It does not affect transgender boys participating in male sports.
Blakeman has said he does not know of any cases in which transgender girls were attempting to compete in women's sports at county facilities.
His order "plainly" discriminates against transgender women and girls based on their gender identity or expression, wrote Sandra Park, chief of the attorney general's civil rights bureau. It would have far-reaching impacts for all New York athletes, preventing transgender women in other parts of the state from competing in Nassau County, Park wrote, and result in a "policing" of girls' sex and gender identities. "The order’s immediate effect is to force sports leagues to make an impossible choice: discriminate against transgender women and girls, in violation of New York law, or find somewhere else to play," Park wrote.
The order uses a "permitting scheme" to discriminate on the basis of sex, she said.
While a men's team may receive a permit "regardless of whether any participants were assigned female at birth," the same is not true for women's or girls' teams, Park wrote, because they "may not receive a permit if any participant was assigned male at birth."
Enforcing the order would subject female athletes to "intrusive and inappropriate inquiries or verification requirements that will harm cisgender and transgender women and girls alike."
Blakeman maintained "there is no discrimination."
"My lawyers tell us the law allows you to create classifications that are reasonable, fair and responsible, and we believe that we have done so," he said.
His order resembles efforts nationwide to limit transgender athletes' participation in school sports. Multiple states have passed laws that have drawn court challenges. In April, the Republican-led U.S. House passed a bill similar to the state laws.
Jami Taylor, a University of Toledo professor who studies LGBTQ issues and politics, said the order runs contrary to state law and a 1977 case, Richards vs. The U.S. Tennis Association, that resulted in the New York Supreme Court siding with transgender tennis player Renée Richards' bid to play in the U.S. Open women's competition.
“It flies in the face of the Richards case," Taylor said. "They've already lost under New York law. They've already lost the argument. It's done.”
With John Asbury and Vera Chinese
Scott Eidler is a deputy editor for the towns department at Newsday. Scott has worked at Newsday since 2012 and previously covered municipal government and education.
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