New York appeals court strikes down Nassau County’s ban on males in women’s sports at county facilities 

A New York appeals court recently struck down a Nassau County ban on males competing in women’s sports at parks and other county facilities.

The court said the state’s so-called gender identity protections override the county’s policy.

A four-judge panel from the Appellate Division, Second Department, issued the unanimous ruling last week. The judges cited New York’s Human Rights Law and Civil Rights Law.

Their opinion cited a state regulation that says, “Discrimination on the basis of gender identity or expression is also sex discrimination.”

The decision overturns the policy intended to protect women’s sports, which the county first adopted in 2024.

It prohibited the county from issuing permits for female sports teams that allowed males to compete, according to the complaint. The rule did not prevent transgender athletes from competing, but they were limited to male or coed teams.

When County Executive Bruce Blakeman signed the measure, he said, “we will protect women from bullying by transgender males.”

The judges said local governments can pass laws to protect residents but cannot violate existing state law.

The New York Civil Liberties Union challenged the policy on behalf of the Long Island Roller Rebels, a women’s roller derby league in which male transgender athletes compete against women. Roller derby is a sport known for high transgender athlete participation rates, according to 19th News.

In 2024, New York Attorney General Letitia James filed a separate lawsuit against the county. Last week, the appeals court also ruled in James’ favor.

James welcomed the outcome.

“Bruce Blakeman was just trying to stop athletes from playing with their teammates,” she said.

The dispute began even before county lawmakers passed the law.

Blakeman signed an executive order imposing a similar rule in February 2024. However, a judge struck down the order, saying he could not enact the policy without the county legislature’s approval.

“Unfortunately, girls and women are hurt by the court,” Blakeman said at the time.

In response, county lawmakers passed the measure, and Blakeman signed it into law. The county then faced lawsuits challenging its authority to enact the policy.

The appeals court had already blocked enforcement of the law while the case proceeded. At the time, the court said the legal challenge was likely to succeed.

Even though the court ruled against it, Nassau County officials plan to keep fighting.

“We are reviewing the decision with the intention to continue the appeals process,” County Attorney Thomas Adams told Newsday.

The fight comes as more states impose restrictions on transgender-identifying athletes in women’s sports.

Ballot measures to restrict the practice succeeded in Nebraska, Arizona, Colorado and Washington last week, even as Democrats won statewide elections in the latter three states.

In Colorado and Washington, two solidly blue states, the successful ballot measures have already prompted liberal pushback.

In Colorado, Gov.-elect Phil Weiser said lawmakers should consider changing the voter-approved measures restricting males from competing in girls’ sports and banning certain sex-change surgeries on minors. Meanwhile, the Seattle School Board voted unanimously to greenlight a possible lawsuit against the state’s new transgender athlete policy.