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NY attorney general tells Nassau to rescind ‘blatantly illegal’ transgender ban
By
Charles Lane
Published Mar 1, 2024
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CHARLY TRIBALLEAU/AFP via Getty Images
By
Charles Lane
Published Mar 1, 2024
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New York Attorney General Letitia James demanded on Friday that Nassau County rescind a recent executive order banning trans women from participating in women’s sports teams at country-run facilities — or face legal action.
The letter states the county’s order is “in clear violation of New York state anti-discrimination laws and demands that it be immediately rescinded.”
"You cannot discriminate against a person because of their gender identity or expression,” James wrote in a statement. “This executive order is transphobic and blatantly illegal. Nassau County must immediately rescind the order, or we will not hesitate to take decisive legal action.”
Nassau County Executive Bruce Blakeman signed the order and said he was protecting women from “bullying” by “biological males."
Blakeman has not shied away from culture wars since taking office in 2022. He halted enforcement of the state’s mask mandate during his first month in office. And in 2023, he took shots at the state’s ban on Native American imagery and was a frequent Fox News guest defending Daniel Penny, the Marine Corps veteran accused of choking a homeless man to death.
His recent action has drawn recrimination from Democrats statewide, including Gov. Kathy Hochul.
But a threat from James carries significantly more weight. Since she became the state's attorney general, her office helped dislodge former Gov. Andrew Cuomo from power, dismantled leadership of the National Rifle Association and won a $454 million fraud settlement against former President Donald Trump.
Blakeman responded to James' letter by saying he welcomes a potential lawsuit.
“A judge will make a determination and whatever judge may make that determination – whether it be in the trial court or an appellate court – we follow the law here in Nassau,” Blakeman said at a press conference.
Blakeman argues his executive order is legal because trans athletes can still compete in co-ed sports.
“My lawyers tell us that the law allows you to create classifications that are reasonable and fair and responsible, and we believe we have done so,” he said.
Blakeman’s executive order forces sports leagues to comply with the measure or lose access to county fields and facilities. Leagues must affirmatively state that they are in compliance with the order or lose access to county parks.
James' letter cites both the state’s Human Rights Law forbidding discrimination on the basis of “gender identity or expression” and Civil Rights Law prohibiting discrimination based on “gender expression or identity.”
According to the letter, James could file a lawsuit as soon as next Friday. Her office did not immediately respond to follow-up questions.
Advocates for the trans community anticipated James’ reaction.
“It's illegal, it's so obvious,” said David Kilmnick, president of the LGBT Network on Long Island. “We have our attorney general who is following the letter of the law and not allowing this discrimination.”
Tagged
transgender rights
long island
nassau county
letitia james
LGBTQ
Charles Lane
Charles is a Day-of reporter focused on breaking news and enterprise. He’s very friendly and can be reached at [email protected], or more securely on whatsapp/signal 631-295-6715
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Gothamist is funded by sponsors and member donations
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