In a firm stance for inclusivity and against discrimination, the New York State Bar Association (NYSBA) has voted to oppose all legislative and regulatory attempts that seek to ban transgender athletes from participating in K-12 school sports. This decision comes amidst a backdrop of contentious legal battles and political maneuvers across the United States, with half of the states having imposed laws or regulations that restrict transgender students from sports aligning with their gender identity.
The issue has been brought into sharp relief in Nassau County, New York, where County Executive Bruce Blakeman previously issued an executive order to ban transgender athletes from competing in women’s and girls’ sports at county facilities. This order was overturned by the New York State Supreme Court on the basis that Blakeman did not have the authority to enforce such a ban.
Domenick Napoletano, president of the NYSBA, unequivocally stated, “All student athletes deserve a chance to play sports with their peers.” He further condemned the legislative efforts as stemming from unfounded fears rather than facts. “Legislation enacted to prevent transgender youth from participating in sports is based in fear instead of fact,” Napoletano said. “The New York State Bar Association stands against attempts to isolate and bully youth. Let the kids play.”
Echoing this sentiment, the report from the Task Force on the Treatment of Transgender Youth in Sports described the legislation as “a solution in search of a problem,” highlighting the small percentage of transgender children (1.4% of those aged 13-17) and an even smaller fraction participating in sports. Jacqueline Drohan, co-chair of the Task Force, pointed out the lack of evidence for the purported issues posited by proponents of these bans. “Many of the politicians pushing these laws could not name a single transgender student-athlete in their state,” she said, suggesting that the problem is more imagined than real. “Exclusion is as discriminatory as it is unsportsmanlike,” she added.
The NYSBA’s position is supported by the absence of evidence suggesting that transgender girls and women gain an unfair athletic advantage in sports. Moreover, the New York State Public High School Athletic Association has maintained an inclusive policy for transgender students since 2015 without witnessing the collapse of boys and girls sports structures. The task force, led by past president T. Andrew Brown, emphasized the minuscule percentage of transgender athletes and thanked the NYSBA for its support against exclusion.
Despite the NYSBA’s opposition, the struggle continues in Nassau County, where Blakeman’s efforts to enact a ban persist. His legislative attempts are anticipated to face legal challenges, with organizations like the New York Civil Liberties Union prepared to defend the rights of transgender individuals under New York state’s anti-discrimination law. The controversy has not only caused legal disputes but also widespread community response, where advocates like David Kilmnick, president of the LGBT Network, expressed that such policies send harmful messages to the transgender community. “Whether this passes or not in the legislature, it has already sent the message out to the community that they don’t matter, to the transgender community,” he said.
Relevant articles:
– Opposes Banning Transgender Youth From School Sports – New York State Bar Association , NYSBA News, 06/09/2024
– New York County Could Ban Transgender Athletes, Newsweek, 06/07/2024
– Transgender athlete ban bill introduced in Nassau County. This isn’t the first attempt to enact the policy., CBS New York, 06/08/2024
– Nassau County’s Proposed Transgender Athlete Ban Sparks Controversy – Davidson News, The Davidsonian, 06/08/2024
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