New trans sports restrictions in New York hit with legal battles

The legal battle over a transgender sports ban in New York’s Nassau County has begun.

Nassau County Executive Bruce Blakeman signed Local Law 121-24, the “Fairness for Women and Girls in Sports” policy, into law on Monday.

The law requires sports leagues and programs to “expressly designate” teams based on the sex assigned to participants at birth. Permits will not be given to organizations that allow trans women to compete on women’s teams but will allow trans men to compete on men’s teams.

The law is similar to the executive order Blakeman signed in February that aimed to ban transgender girls and women from participating in women’s sporting events on county-run property. That order stated, in part, “women and girls deserve the opportunity to demonstrate their strength, skills and athletic abilities and to provide them with equal and fair opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that result from participating and competing in athletic endeavors.”

However, the executive order was struck down by the Nassau County Supreme Court in May, after it was challenged by both the NYCLU and New York Attorney General Letitia James.

Now, the NYCLU and James have once again filed independent lawsuits against the county over the new law, arguing that it violates state laws protecting New Yorkers from discrimination based on their gender identity or expression.

“It is abundantly clear that any attempt to ban trans women and girls from sports is prohibited by our state’s antidiscrimination laws,” said Gabriella Larios, staff attorney at the New York Civil Liberties Union. “This latest round of hateful legislation is unacceptable and we won’t let it stand in New York.”

Blakeman criticized the response, defending the legislation on X.

“I am very disappointed that the Attorney General would attempt to frustrate Nassau County’s desire to protect the integrity of women’s sports, ensure the safety of its participants and provide a safe environment for girls and women to compete,” he posted on social media.

ABC News has reached out to Blakeman for further comment.

The law goes against guidelines from local and national sports associations.

​​The New York State Public High School Athletic Association’s transgender policy states that it is “committed to providing all students with the opportunity to participate … in a manner consistent with their gender identity and the New York State Commissioner of Education’s Regulations.”

The National Collegiate Athletic Association transgender guidelines vary from sport to sport. As it stands, transgender student-athletes typically need to document sport-specific testosterone levels at the beginning of their season and a second documentation six months later, and then another documentation four weeks before championship selections.

The governing bodies of several national and international sports leagues, including the International Olympic Committee, require transgender women to meet certain hormone levels in order to play on sports teams with cisgender women.

There is not yet any direct or consistent research on whether transgender women have an advantage physiologically, according to researchers.