The Supreme Court of Nassau County, New York, has upheld a local law prohibiting trans-identified males from competing in women’s sports as opponents of the measure promise to continue their litigation against it.
In a decision released Tuesday, Nassau County Supreme Court Justice Bruce Cozzens ruled that a law in the Long Island-based county designed to “maintain a safe and fair competitive environment for women and girls participating in sports and athletic events” did not violate the New York State’s Human Rights Law, the New York Civil Rights Law and the New York Municipal Home Rule Law.
As stated in the ruling, the law requires sports teams seeking to use county facilities to designate themselves as established for either men or women or co-ed. It also prohibits male athletes who identify as female from competing on women’s teams.
Get Our Latest News for FREE
Subscribe to get daily/weekly email with the top stories (plus special offers!) from The Christian Post. Be the first to know.
The New York chapter of the American Civil Liberties Union filed a complaint challenging the law on behalf of the Long Island Roller Rebels, a women’s flat-track roller derby team. The lawsuit maintained that members of the team, which is open to trans-identified males, would find themselves unable to participate under the law.
In his opinion, Cozzens cited the biological differences between men and women that give men an advantage over women in athletics. “’The President of the Plaintiff has stated that Flat Track Roller Derby is a contact team sport requiring speed and athleticism. 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,” he wrote.
“The goal of the local law is to provide a safe environment for individuals who are born female to play,” he added. “ln addition the power differential between adult individuals who are born male and those born female is substantial and therefore may be more dangerous. This would create additional risk to the individual and potential liability creating costs to the municipality. The municipality is not obligated to provide a recreational setting for each and every individual residing within its confines.”
Parties on both sides of the litigation issued statements reacting to the development. “We are disappointed but undaunted by today’s decision, and we are taking all the necessary steps to appeal,” said New York Civil Liberties Union Staff Attorney Gabriella Larios.
“This decision is an outlier among the many courts to have considered the same question. It is also inconsistent with longstanding state law, which makes clear that Nassau’s ban unlawfully discriminates against [trans-identified men and women], as well as the teams that welcome them.”
Larios added, “This ban leaves a lasting stain on the county’s government and legislature, which have been relentless in their efforts to shut trans people out of sports.” Roller Rebels President Curly Fry offered a similar analysis in a statement responding to the ruling: “At a time of rising anti-LGBTQ+ hate and violence across the country, keeping this ban intact is not only cruel, but it is also dangerous.”
“This harmful legislation sends the message that trans people don’t belong in Nassau County. Trans people belong everywhere including in sports. We hope that New York’s courts will ultimately strike down this unlawful ban and acknowledge it for what it is — transphobic and unjust.”
In a statement posted on X Wednesday, Nassau County’s Republican Executive Bruce Blakeman defended the law as “just common sense.” He echoed the point of view outlined in Cozzens’ opinion, asserting that “biological males should not play in female sports” because “they have a competitive advantage.” He also stressed that “it’s unfair, and it’s also unsafe.”
The litigation over the Nassau County law comes at a time when the presence of trans-identified male athletes on women’s sports teams has presented tangible threats to safety and fairness for female athletes. Payton McNabb, a former high school volleyball player, testified before the North Carolina Legislature in 2023 that she was “severely injured in a high school volleyball game by a [trans-identified male] athlete on the opposing team.”
“I suffered from a concussion and neck injury that, to this day, I am still recovering from,” she testified. “Other injuries I still suffer from today include impaired vision, partial paralysis on my right side, constant headaches as well as anxiety and depression.”
McNabb further described how she was unable to compete for the rest of her last season on the high school volleyball team as a result of the injury, which has inhibited her ability to play softball and caused her to require accommodations at school because of a diminished “ability to learn, retain, comprehend.” Video footage from the game where McNabb was injured shows the trans-identified male athlete forcefully hitting the volleyball before it landed on McNabb’s face.
Trans-identified male swimmer Lia (Will) Thomas made headlines for breaking women’s swimming records after transitioning to the women’s swimming team at the University of Pennsylvania following three years of competing on the men’s team.
Concerns about safety and fairness for female athletes have prompted 27 states to ban trans-identified male athletes from competing in women’s sports, either through legislation or regulation: Alabama, Alaska, Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
