The New York State Senate’s Education Committee approved an anti-trans sports bill on May 6 that would stop the state education commissioner from implementing trans-inclusive sports policies, drawing immediate criticism from LGBTQ advocates.
Senate Bill S460 would ban the education commissioner from creating any rules preventing schools from implementing bans on trans athletes if a school “determines” that a student’s participation would somehow “have an adverse effect on the physical or emotional safety of female participants or would adversely impact a female student’s ability to participate successfully in interschool athletic competition.”
The legislation drew five “aye” votes — including from Democrats — and six “nay” votes, but three others voted “aye WR,” or “aye with reservations,” which suggests that those three lawmakers had issues with the bill but voted for it to move forward nonetheless. The “aye” votes came from Republicans Stephen Chan of Brooklyn, James Tedisco of Saratoga County and Schenectady, Daniel Stec of North Country, Bill Weber of Rockland County, and Alexis Weik, whose Long Island district includes parts of the queer haven of Fire Island.
Joseph P. Addabbo Jr. of Queens, Siela A. Bynoe of Long Island’s Nassau County, and Monica R. Martinez of Suffolk County — all Democrats — voted “aye WR.”
None of the lawmakers who voted “aye” or “aye WR” immediately responded to Gay City News’ request for comment on May 6. The bill’s sponsor, Steven D. Rhoads, also did not immediately respond to a request for comment. Weik, however, made a statement arguing that policies against trans athletes “protect girls’ sports” — a common argument voiced by those who support such discriminatory rules.
“Nothing against anyone from the LGBTQ community — of course we support them as well,” Weik said, according to City and State. “But this is something that, biologically, is incredibly different, men from women, and so we really do need to be doing what we can to protect girls’ sports.”
The legislation has no chance of passing the full State Senate or the State Assembly, both of which are controlled by Democrats. It is also legally dubious given New York State’s discrimination protections on the basis of gender identity or expression and last year’s passage of the Equal Rights Amendment. New York State’s Dignity for All Students Act also calls for discrimination-free environments in public elementary and secondary schools.
“This discriminatory legislation opens the floodgates for anti-trans sports bans throughout the state, and represents a craven retreat from both our values and existing protections,” New Pride Agenda executive director Kei Williams said in a written statement.
New Pride Agenda also joined Make the Road New York, the New York Working Families Party, and Alliance for Quality Education in issuing a joint statement blasting the legislation and the vote, saying it “effectively legalizes discrimination masquerading as fairness.”
“We are deeply disappointed to see some Democratic senators failing to stand up for all of our kids,” the statement noted. “It’s worth remembering that this past November, Proposition 1 passed with overwhelming support in each of their districts. Ultimately, these politicians are failing to meet the moment with their cowardly political calculations.”
The legislation comes two years after Republican State Assemblymember Andy Goodell and State Senator George Borrello introduced legislation that would have banned public or private schools from allowing anyone assigned male at birth to participate in girls’ sports from grades seven through 12. Early last year, Nassau County Executive Bruce Blakeman signed an executive order barring trans athletes from playing sports in accordance with their gender identity at county-run facilities.
