New York official fires back at state AG amid fight over trans athlete law: 'This is not transphobic'

EXCLUSIVE: A New York official pushed back on claims from state Attorney General Letitia James that his executive order prohibiting transgender athletes from competing against biological females in athletics within his county is transphobic or discriminatory.

Nassau County Executive Bruce Blakeman on Wednesday filed a lawsuit against James over her cease-and-desist letter regarding his order from Feb. 22. 

He’s asking the federal court in the Eastern District of New York to rule he has the power to enact the law.

A spokesperson for James’ office told Fox News Digital Blakeman’s order is "transphobic." But Blakeman said that’s far from the case, adding her criticism amounted to "name-calling."

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"There are no objective facts that she offers," Blakeman told Fox News Digital in an exclusive interview. "She just basically is name-calling, and I don’t like to engage in name-calling. All I’m saying is, if you are a biological male, you are bigger, faster and stronger, typically, than a woman or a girl and that we want fair competition. And we want a safe environment.

"We’re seeing people who are identifying themselves as transgender females who are biological males that are stealing competitions from women who have worked hard their whole life to compete."

Blakeman signed the order last month for "fairness for women and girls in sports." The order said the "action was necessary to maintain fairness for women’s athletic opportunities."

NEW YORK COUNTY MOVES TO PREVENT BIOLOGICAL MALES COMPETING IN GIRLS SPORTS AT LOCAL FACILITIES

The rule states that "any sports, leagues, organizations, teams, programs, or sports entities must expressly designate as one of the following based on the biological sex at birth of the team members/participants when applying for a use and occupancy permit to utilize Nassau County Parks property for the purposes of organizing a sporting event or competition: 1) Males, men or boys or 2) Females, women or girls or 3) Coed or mixed, including males and females.

"Nassau County Department of Parks, Recreation & Museums shall not issue any permits for the use and occupancy of Nassau County Park’s property for the purposes of organizing a sporting event or competition that allows athletic teams or sports designated for females, women, or girls to include biological males.

"Nassau County Department of Parks, Recreation & Museums may issue permits for the use and occupancy of Nassau County Park’s property for the purposes of organizing a sporting event or competition that allow athletic teams or sports for males, men, or boys to include biological females."

The executive order defined gender as the "individual’s biological sex at birth; and a statement of a team member’s/participant’s biological sex on the team member’s/participant’s official birth certificate is considered to have correctly stated the team member’s/participant’s biological sex at birth if the statement was filed at or near the time of the team member’s/participant’s birth."

"It is imperative that a supportive and safe environment is maintained to foster and nurture these opportunities in sports for biological females," the order says.

James sent the cease-and-desist order Friday, calling it discriminatory against transgender women and a "clear violation of New York’s Civil and Human Rights Law." She also claimed it violated the U.S. Constitution’s "equal protection" clause in the 14th Amendment.

"The attorney general is relying on a human rights law, that, quite frankly, I believe is unconstitutional. But even if it was, (the order) would not violate the state law. The state law is not being violated. 

"There are opportunities for transgender athletes to compete here in Nassau County, so we’re not precluding them. And, basically, all it says is that you have to be truthful. And we want a safe environment and a fair environment for women to compete here in Nassau County."

Blakeman also made the point in an interview with OutKick contributor Riley Gaines on the "Gaines for Girls" podcast, saying he had an "obligation" to uphold the Constitution in Nassau County.

He told Fox News Digital residents of Nassau County "don’t want our biological women to be bullied by biological males."

"That’s the reason why we took this step for me to issue an executive order, which merely states that if you identify yourself or advertise yourself as an all-girls team or an all-women team or league, biological males cannot compete. 

"We want our leagues and our teams to be transparent about who they’re letting in so that women know and girls know they have a level playing field to compete, that there’s not unfair competition. And we’re not creating safety and security issues for the young people who use our fields each and every day.

"Again, this is not transphobic. It’s not anti-transgender. Biological males who identify themselves as transgender females can compete against other biological males, or they can compete in coed leagues. Or if they wanted to form their own league, I would be happy to find a place for them to exercise their right to have recreation and enjoy sports and athletic competition."

Fox News' Louis Casiano contributed to this report.

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