2d Department strikes down Nassau County law on transgender athletes

The culture wars continue to range on Long Island. In Nassau County, the legislature passed a law prohibiting transgender women from playing team sports with those who were born as women. The New York Civil Liberties Union sued Nassau County, arguing that the law conflicts with the state law prohibition against discrimination on the basis of transgender status.

The case is Long Island Roller Rebels v. County of Nassau, issued by the Second Department on November 4. The Appellate Division strikes down the local law and says that state law guides this case. The plaintiff wins.

As background, the Roller Rebels are an adult womens' roller derby league in Nassau County that includes transgender women, intersex women, and gender-expansive women. They seek to use Nassau County facilities in playing other roller derby teams but were barred from doing so because the league has at least three transgender players. 

The case reached the Appellate Division after a State Supreme Court Justice ruled last year the local law was legal. The lower court said that biological males, regardless of transitioning, have greater athleticism and speed, strength, muscle mass, stronger hearts and greater bone density, and the local law aims to provide a safe environment for biological females. The court added that allowing transgender women to participate might be dangerous and create liability costs for the county. Since federal regulations allow schools to maintain separate teams for women and men in contact sports like roller derby. The court added that Title IX -- the sex discrimination law guiding sports -- prohibits biological men from playing sports with biological women, and that the county law is modeled after a law in Florida. On this logic, federal law preempts the state law on this issue, making the county prohibition against transgender women playing in the roller derby league legal. The lower court added that "The County does not deny transgender individuals access to the Athletic facilities."

 The Second Department rejects this reasoning in full and holds that the County law conflicts with State law prohibiting discrimination on the basis of transgender status. I do not see an analysis of federal statutes such as Title XI in the Appellate Division ruling. Unless the New York Court of Appeals takes on this case, this ruling means that transgender roller derby players may use Nassau County facilities for this competition.