Judge upholds Nassau's ban on transgender athletes playing in women's sports on county facilities, dismissing suits by AG, NYCLU

A state Supreme Court justice has upheld Nassau’s law banning transgender athletes from playing on girls and women’s sports teams on county property, stating the law — one of the first of its kind locally — was designed to "protect women and girls in sports."

New York Attorney General Letitia James and the New York Civil Liberties Union filed separate lawsuits against Nassau County Executive Bruce Blakeman and the county last year, saying the law violates the state's human rights and civil rights law. NYCLU is representing a North Massapequa roller derby organization that includes transgender athletes. 

In two decisions released Monday, state Supreme Court Justice Bruce Cozzens wrote that Nassau was not excluding transgender athletes from participating in sports on county property, as they could use facilities and restrooms "in accordance with one’s biological sex," citing a Tennessee court decision from last year. That decision allowed schools to separate facilities based on biological sex "without accommodating gender identity," according to Cozzens’ decision.

The judge wrote in both decisions that Nassau's law does not violate state or federal discrimination law, noting that transgender athletes can play on men's and co-ed teams on county property and are only barred from participating in girls or women's sports.

"The Court finds that this Local Law is narrowly tailored to achieve the objectives and does not categorically exclude transgender individuals from athletic participation," he wrote in the decision in James' case. 

"It is clear that Nassau County’s stated purpose for [the law] is to protect women and girls in sports," he said, adding that it is "dangerous as well as unfair for transgender females to compete against and with biological females." 

The ruling effectively ends the lawsuits filed by the attorney general and NYCLU, at least on the lower court level. The plaintiffs had asked for "summary judgments" or decisions without a trial. Instead, the judge denied their motions and ruled in favor of the county.

Blakeman, who had originally introduced the ban last year through executive order, said in a statement: "We are grateful that the court found our legislation to be valid and legal and we will continue to protect girls and women from unsafe and unfair competition."

A spokesperson for James said the attorney general's office was reviewing Monday's decision. Staff attorney Gabriella Larios said NYCLU was "considering all options" to challenge Monday's decision. "What I can say is this is not the final word."

The NYCLU had asked an appeals court, a higher court, to lift the ban while the case went forward. The appeals court, which heard the case last week, had not yet ruled on that issue. That court could still issue an injunction to lift the ban, according to Larios. 

"Today’s decision sends a chilling message that trans people don’t belong in Nassau County, but the fight doesn’t end here," she said, referring to Cozzens' ruling.

"The ruling flies in the face of longstanding state law, which makes clear that trans women and girls have the right to play sports alongside other women and girls. Despite this setback, we will challenge this decision to ensure trans girls and women can play sports freely, just like everyone else.," Larios said in a statement.

Blakeman months earlier had unsuccessfully attempted to create the law through executive order. A judge struck down his order, saying he did not have the authority to enact such a ban.

Blakeman then asked the Nassau County Legislature to create a new section of county administrative code, Title 90, regulating "Fairness for Women and Girls in Sports."

The ban was approved by a Republican majority on the legislature in June 2024 despite dozens of advocates flooding the legislative chambers of the county executive and legislative building in Mineola. 

Republican Presiding Officer Howard Kopel said in a statement: “We are pleased that the court has upheld our law and affirmed that its sole purpose is to protect our female athletes in Nassau County. This decision reinforces our commitment to fairness and safety in women’s sports.”

Mike Fricchione, spokesman for the Democratic caucus, said Monday: “Bruce Blakeman is just distracting everyone from his poor record of governance.”

Nassau's is the only such local ban in the nation, according to a spokesperson for NYCLU. More than a dozen similar laws have been passed on the state level.

In the last five years, 27 states across the nation have banned transgender students from playing school sports, according to the American Civil Liberties Union.

In Nassau, the law applies to more than 100 county-run facilities — parks, baseball fields, ice rinks — deterring teams from other parts of New York from playing in the county, according to James. It requires sports teams to apply to use county facilities, specifying in the application whether the groups are male, female or coed.

Juli Grey-Owens, executive director of Gender Equality New York, an education and advocacy group based in Huntington Station, and among those who spoke out in several public meetings on the law, said Monday: "Prior to puberty, girls are stronger and bigger than those designated male at birth. Those children who are going into puberty, some will go on hormone blockers preventing puberty between the ages of 10 and 12. They don’t gain any strength and size, so they aren’t at any advantage either," Grey-Owens said.

The NEW Pride Agenda, an LGBTQIA advocacy group, issued a statement Monday saying,  "Nassau County’s law is a disruptive, bullying policy intended to isolate and demonize those who already live at the margins. It denies transgender youth the simple freedom to play, to belong, and to thrive."

Days after taking office in January, President Donald Trump issued an executive order that the federal government will recognize two sexes — male and female — requiring agencies to issue passports and other ID cards to "accurately reflect the holder's sex."