Nassau County leader sues Tish James after AG claimed ban on trans athletes in girls sports is ‘illegal’

Nassau County Executive Bruce Blakeman has filed a federal lawsuit to block state Attorney General Letitia James from thwarting his order banning transgender athletes from competing against biological girls in competitive sporting events held at county athletic facilities.

James last week sent Blakeman a cease-and-desist letter claiming Blakeman’s executive order is  “discriminatory,” “transphobic” and “illegal.”

But Blakeman and Nassau parents Marc and Jeanine Mullen — whose 16-year-old daughter competes in women’s volleyball — claim it’s James who is discriminating by violating the constitutional rights of female athletes, according to the lawsuit filed Wednesday.

“By this action, the plaintiffs seek to prevent the defendants from doing exactly what it is that they have alleged the County of Nassau and County Executive Bruce A. Blakeman have done: unconstitutionally discriminating against individuals on the basis of gender in the limited and narrow context of sporting events,” says the suit, filed in the Eastern District of New York.

Federal law protecting the rights of female athletes trumps James’ interpretation of the state’s anti-discrimination law, or human rights law, the suit says.

“The defendants’ reliance upon and application of the New York Human Rights Law violates the Fourteenth Amendment to the Constitution … the Human Rights Law is unconstitutional because it elevates transgender women to a level not recognized by Federal law in the athletics context all to the detriment of biological girls and women, which are federally recognized,” the lawsuit says.

Under Blakeman’s edict, female sports teams and leagues are banned from using any of Nassau County’s 100 ballfields and athletic facilities — unless they pledge to keep out transgender players.

The lawsuit emphasized that Blakeman’s edict does not discriminate against transgender athletes who are biological males.

While they’re barred from competing in all-girls competitions, he said they’re allowed to participate in other athletic contests.

The suit repeats Blakeman’s argument that it’s unfair and even dangerous for biological males who identify as transgender to compete against girls in competitive sports because men are biologically bigger, faster and stronger than women.

“Just last month it was reported that a girls basketball team went so far as to forfeit a game because a transgender girl (i.e. biological male) injured three girls and the coach felt compelled to terminate his team’s participation in order to prevent further injury to the biologically female athletes by the 6-foot-tall biologically male transgender player,” the complaint said.

The plaintiffs also argue that even sexual reassignment surgery cannot erase the biological differences between men and women, citing differences in bone density.

“As the Defendant Letitia James would have it, the Mullens are being forced into making the impossible determination whether to expose their 16-year-old daughter to the risk of injury by a transgender girl or simply to not play volleyball at all and forego whatever opportunities may present because of her participation in volleyball,” said the suit, filed by Nassau County chief deputy attorney John Hiller and the Mullens’ lawyer, Joseph Macy.

A spokesperson for the attorney general shot back, “County Executive Blakeman’s executive order is transphobic and discriminatory. Our laws protect New Yorkers from discrimination, and the Office of the Attorney General is committed to upholding those laws and protecting our communities.”

“This is not up for debate: the executive order is illegal, and it will not stand in New York.”

James last week argued that Blakeman’s executive order is in “clear violation of New York’s Civil and Human Rights Laws” because it “discriminates against transgender women and girls on their rosters,” she said in a press release.

“The law is perfectly clear: You cannot discriminate against a person because of their gender identity or expression. We have no room for hate or bigotry in New York,” James said.

“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.”