New York State is widely recognized for its social acceptance of the LGBTQ+ community. However, an executive order issued in February 2024 by Nassau County Executive, Bruce Blakeman, has led New Yorkers to question why the state has not stepped in and rescinded an executive order that is viewed as discriminatory policy directed at the transgender community.
On February 22, 2024, Blakeman issued, “An Executive Order for Fairness for Women and Girls in Sports.” The order contends that dividing teams based on “[…] the individual’s biological sex at birth,” in Nassau County’s 100+ sports and recreational facilities will ensure fairness, opportunity, and authenticity for teams designated for women. Proponents of the executive order argue that allowing trans women to play alongside other women puts other women at a physiological disadvantage. “The order states that women and girls are so strong. If they are so strong, what do they need your protection for?” said Emily Santosus, a New York athlete seeking to participate on a softball team. While the executive order maintains a hardline focus on trans women, it does not prevent trans men, non-binary, or intersex athletes from competing on teams designated as co-ed teams or men’s teams. As Juli Grey-Owens, Executive Director of Gender Equality New York Inc., asserts, legislators view trans men as “[…] just women who are trying to be men and they would never have an impact on a male league.” She continues, “[Legislators] only need to worry about trans women.”
Dr. Ross Tucker, a South African Sports Scientist argues, “[…] there is still no scientific evidence to suggest that elevated testosterone levels in female athletes enhance performance.” The production of naturally occurring testosterone (or other androgens) has never generated conclusive scientific evidence of competitive advantages. “I’ve seen my athletic performance decrease tremendously [after transitioning]. I’m not the strongest. I’m not the fastest on my team by far,” said Grace McKenzie, a New York rugby player and lifelong athlete. “I am a strong athlete because I’ve trained my entire life to be an athlete, not because I have some sort of biological advantage.”