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The Long Island Roller Rebels with NYCLU attorneys Gabriella Larios and Bobby Hodgson
The New York Civil Liberties Union plans to appeal, but for now, the law will stay in place while a suit against it is heard.
A judge in Nassau County, N.Y., has declined to block enforcement of the county’s anti-transgender sports law while a suit against it continues.
The Nassau County Supreme Court Tuesday denied the New York Civil Liberties Union’s request for a preliminary injunction that would have kept the law from being enforced. (In New York State, the name “Supreme Court” does not connote the highest court; the highest court in the state is the Court of Appeal.)
“The Court has reviewed the Plaintiff’s arguments and 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,” Judge Bruce Cozzens wrote, according to multiple media outlets. Trans women can still play in coed leagues, he said.
“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," Cozzens added. "The goal of the local law is to provide a safe environment for individuals who are born female to play." Scientists and activists have disputed the idea that trans women have an inherent advantage.
Last year, a court struck down an executive order from County Executive Bruce Blakeman barring trans girls and women from competing on female teams that use county facilities, ruling that Blakeman did not have the authority to set the policy. The Nassau County Legislature responded by passing a law with the same effect.
The NYCLU sued on behalf of the Long Island Roller Rebels, a women’s roller derby league that welcomes trans women and therefore can’t use county-run sites. The Roller Rebels had also been part of the lawsuit that saw the executive order struck down. Nassau County is located on the western part of Long Island.
“We are disappointed but undaunted by today’s decision, and we are taking all the necessary steps to appeal,” Gabriella Larios, staff attorney at the NYCLU, said in a press release. “This decision is an outlier among the many courts to have considered the same question. 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.”
“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,” added Curly Fry, president of the Roller Rebels. “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.”
Dr. David Kilmnick, president and founder of the LGBT Network, also denounced the court’s ruling, calling it “a travesty of justice,” News 12 Long Island reports. “This decision disregards the principles of inclusion, equality, and fairness that New York state’s Human Rights Law seeks to uphold," Kilmnick said.
