🚨Long Island judge upholds law that protects women's and girls' sports
The matter concerns a man named Bratzilla who wants to play roller derby against women.
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2/ Last year Nassau County (Long Island, NY) passed a law requiring sports teams using public facilities to identify as mixed-sex or male if the team includes a male player.
A "women's" roller derby team, the Roller Rebels, objected because one of its players is a trans-ID man.
3/ The man goes by Bratzilla because he is very tall and likes bratz dolls.
Roller derby is a dangerous contact sport. Its players pride themselves in being "punk." The NY women's league welcomes men who ID as women.
4/ In July the Roller Rebels sued Nassau County in state court for violating NY law that bars discrimination by "gender identity."
It sought to block the law right away by filing a motion for a preliminary injunction. Today the judge ruled against the team.
5/ Judge Bruce Cozzens says men are stronger than women and he's not going to wait around for an expert witness to prove it.
6/ Cozzens notes that the Roller Rebels are asking a lot: not only that Bratzilla may play for them, but that his sex be a secret.
7/ It's legal to bar men from women's sports. Cozzens cites a 1916 precedent from NY's highest court.
He ignores a 1977 decision from an NY trial court that let Renee Richards (a man) compete in a women's tennis tournament. I wrote about that case: badfacts.substack.com/p/renee-richar…
8/ Title IX comes up indirectly. Cozzens cites last year's Supreme Court decision.
This line is a bit confusing. SCOTUS did not strike down Biden's insertion of gender ID into T9, but did note it wasn't based in T9's text.
9/ Cozzens rules the local law doesn't discriminate by gender identity. (It discriminates by sex, which is legal.)
10/ Nassau County didn't move to dismiss the Roller Rebels' case. It's still alive, in discovery.
The team's lawyers at the NYCLU (state affiliate of the ACLU) announced they'll appeal Cozzens' denial of their motion for a preliminary injunction.
11/ The same day the Roller Rebels sued, the state filed a similar suit against Nassau County. The state didn't seek a PI.
Nassau hosts NY state championships. So while all this litigation festers, and girls in other states lose trophies, NY girls are getting fair competition.
2. In a recent lawsuit against the Dept of State, Strangio suggests passport agents will beat up nonbinary women if their passport indicates they are female (rather than nonbinary).
Hm, this can't be the real reason sex classifications hurt women.
3. In a recent lawsuit against NYC schools for failing to stock period products, three female lawyers refuse to argue sex discrimination, instead relying on a weaker law.
It's almost like denying the binary hurts women and girls. My search continues.
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In 2019, the Harvard Law Review published a 95-page article in support of nonbinary rights. It's been cited by 3 federal appeals courts (5th, 9th, 10th Cir) & the Wisconsin Supreme Court.
2.
The author does not define sex or gender. She thinks those terms should be "culturally contested."
Sex should be defined differently in each legal context, she says. The ACLU is now pushing that idea in Orr v. Trump, a lawsuit about passport gender markers.
3. The author does not define nonbinary (the subject of her 95-page article).
She's presiding in Talbott, the lawsuit challenging new military restrictions on trans service.
She is now helping the trans activist lawyers draft an amended complaint and motion for preliminary injunction.
2. New Defense Dept regs bar people with gender dysphoria and detransitioners from service.
Waivers are permitted but it's unlikely trans-ID people would qualify or even seek them, as the military would treat them as their real sex and deny them hormones, etc.
3. Plaintiffs sued before these regs came out, in response to Trump's exec order.
Reyes is letting them amend their complaint to address the regs (& other reasons).
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Secret school transitions got the green light from the 1st Circuit Court of Appeals (Boston) this week.
They sat on this hot potato for 17 months after argument and now issue it per curiam (not ID'ing the author among 3 judges).
1 of the original judges, Lipez, recused.
2. Foote v. Ludlow concerns Baird Middle School in western Mass.
Court says pronouns, like sex, are given to babies at birth.
The court uses "gender-neutral 'they/them'" for the girl, who was 11 at the time of secret transition.
3. The folksy writing style sounds like Judge Rogeriee Thompson, who has written spirited trans decisions before. badfacts.substack.com/p/banned-in-bo…
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Washington AG filed about 100 declarations in its lawsuit challenging Trump's gender med EO.
Doctors, parents, and trans-ID kids speak in their own voices.
Feels like an oral history of a community in crisis. But what caused the crisis?
2. This mother is talking about her 8-year old son whose therapist has been helping him pretend to "have babies."
3. This mother is talking about her 14yo "nonbinary" child (sex not identified) who is forgoing puberty because developing an adult body would "not be ok."
To age or not to age? The question might drive you crazy.