The New York Supreme Court ruled on Tuesday that a Nassau County law prohibiting men from competing in female sports at a county-run facility is constitutional.
State Supreme Court Judge Bruce Cozzens ruled against the Long Island Roller Rebels, a women’s roller derby league that had sought to block a Nassau County law banning men from participating in women’s sporting events at the county’s parks and recreational facilities.
In his decision, the judge wrote that he “does not find that Local Law 121-24 excludes transgender women and girls from the public facilities based on their gender identity, and the plaintiffs have not shown discrimination under the Human Rights Law and the Civil Rights Law.”
Cozzens ruled that the law was not discriminatory as those who identify as transgender can still play in coed sports leagues. In the decision, Cozzens emphasized the risk of injury for women if men are allowed to play on their sports teams.
“The plaintiff is not only asking that transgender athletics be included on female teams but also that they not disclose the transgender identity,” Cozzens wrote. “Potentially that creates an even greater risk to the females since they would not even be aware (nor it is assumed would they be permitted to inquire) if a player was a biological male.”
“Common sense requires weight classification for wrestling and boxing clearly to protect the safety of the individuals. Common sense requires the same here,” Cozzens continued.
Gabriella Larios, staff attorney at the New York Civil Liberties Union, opposed the decision in a statement, calling it discriminatory.
“This decision is an outlier among the many courts to have considered the same question,” Larios continued. “It is also inconsistent with long-standing state law, which makes clear that Nassau’s ban unlawfully discriminates against transgender girls and women, as well as the teams that welcome them.”
“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,” Larios said.
Nassau County Executive Bruce Blakeman welcomed the decision, calling it “common sense.”
“I’m very happy that State Supreme Court Judge Bruce Cozzens ruled that Nassau County’s local law banning biological males from playing on female sports teams is constitutional and that we did abide by the law,” Blakeman said in a statement shared with CNA.
“As we’ve said all along, it’s just common sense,” Blakeman said. “Biological males should not play in female sports. They have a competitive advantage. It’s unfair, and it’s also unsafe.”
Earlier this month, a federal court blocked a Department of Education rule banning discrimination against a person’s self-asserted “gender identity.” In addition, the Nassau decision closely followed a recent executive order signed by President Donald Trump affirming the biological reality of sex.
Blakeman said he was grateful that federal courts recently ruled in a similar manner.
“The federal courts have recently ruled the same way, so we have the federal courts and the state courts saying that you can make this distinction,” Blakeman noted. “We’re very happy that both courts have agreed with us.”
“I’m gratified that we were the first in America to do it, and I think we set the tone for the rest of the nation,” Blakeman said.
