Hochul joins chorus of opposition to Nassau's ban on transgender athletic participation

NEW YORK — An executive order in Nassau County banning female transgender athletes from competing on girls’ teams is causing controversy with state officials and lawyers ridiculing it and questioning its legality.

“There is nothing lower than trying to score cheap political points by putting a target on the backs of some of our state’s most vulnerable children," Democratic Gov. Kathy Hochul said in a prepared statement. "Now that the Nassau GOP’s fearmongering on immigration failed in NY-3, they’re resorting to a new divisive culture war attack: bullying trans kids. We’re proud New York has some of the nation’s strongest protections for the LGBTQ+ community and my administration is committed to enforcing these laws.”

Hochul was referring to her party's success in capturing a recently Republican House seat on Long Island earlier this month.

Her opposition to GOP County Executive Bruce Blakeman's Thursday order, which takes effect immediately, came as questions and concerns mounted among Democrats and civil rights attorneys.

In a statement, the New York Civil Liberties Union called the executive order “cynical” and illegal, noting that it will “consider all options to stop it.”

“Requiring girls who are trans to compete on boys’ teams effectively bars them from sports altogether,” Bobby Hodgson, NYCLU’s director of LGBTQ rights litigation, said. “Participating would mean being outed and being denied the same opportunities other girls enjoy: to challenge themselves, improve fitness, and be part of a team of their peers.”

At issue is Blakeman's requirement that athletes playing in an organized sporting event or competition on county property compete with their biological gender, or in a coed category. It explicitly bans transgender females from competing in a sporting event for teams in an all women's or girls league. It would impact any female transgender athletes playing for any team, public or private — including public school and college teams — who participate in any of the county's 100 recreational facilities.

Transgender men would still be allowed to compete in men’s leagues.

“We’ve been contemplating doing this for the last couple of months, and I had my legal team research what exactly we could do to protect girls and women,” Blakeman told reporters.

He said he believes a transgender female playing in an all women's or girls' league is bullying and called the order not politically motivated, but common sense.

State Education Department spokesperson JP O’Hare said the department cannot comment on specifics surrounding the issue since it may come before the commissioner if appealed.

But O’Hare offered a follow-up statement to POLITICO hinting at the agency’s position: “The Department is steadfast in its commitment to fostering a sense of respect and acceptance in our school communities for all students — including transgender and gender-expansive students — that allows them to fully engage in their educational and extracurricular pursuits to be successful both academically and in life.”

He noted that the department ensures compliance with state and federal laws concerning bullying, harassment, discrimination and student privacy, as well as the state’s Dignity for All Students Act and federal Title IX requirements.

He did not say whether the executive order was in violation of New York laws.

The move comes as transgender issues — particularly around school sports — has become a cause for culturally conservative Republicans. Florida Gov. Ron DeSantis, for instance, incorporated backlash to the matter into his failed presidential campaign.

Blakeman shrugged off questions about potential challenges from the state Attorney General's office.

“I know of no policy in the state right now that would strike this down, and I would encourage all of our elected officials to join us and protect girls and women here in New York State,” he said. “I don’t think this is a partisan issue, I think it’s a fairness issue. And it’s a bullying issue.”

Samantha Goetz, Nassau County Legislator, joined Blakeman to support the order.

“This is a very critical and crucial issue for me on a personal and professional level. This is a matter that concerns the integrity, the fairness and the safety of women’s sports,” she said at the press conference Thursday. “This is about protecting our female athletics, about making sure they are not denied any opportunity for scholarships or any athletic opportunity.”

New York State United Teachers president Melinda Person took to social media to criticize Blakeman for what she deems to be a political move.

“This attempt to create chaos/confusion is part of a political playbook we have no time for. Kids deserve better,” the union president said in a social media post on X, formerly Twitter.

Melissa Sklarz, political director of Equality New York, countered Blakeman’s comments saying the order is a clear violation of state laws.

“The law in New York is very clear that trans people and trans children are protected under the full force of the law,” she told POLITICO. “It’s illegal for one Republican executive to determine who’s eligible and who belongs. This executive order will be struck down by the courts.”