In early February, President Donald Trump signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” directing the Department of Education to enforce federal civil-rights laws against educational institutions that permit men to participate in women’s sports.
That directive is likely to conflict with Proposal 1, which New York voters approved in November. The state’s new “Equal Rights Amendment” enshrines several protected classes—categories of people legally shielded from discrimination—into the state constitution, including age, gender identity, and gender expression. Critics warned that activist groups could exploit the amendment’s broad and ambiguous language to push courts to recognize new “rights” for gender-dysphoric minors.
Now, the tension between Prop. 1 and Trump’s order sets the stage for a series of dramatic court battles. Schools, local governments, and athletic organizations will be left in limbo—unsure which rule to follow and bracing for lawsuits no matter what they decide. Governor Kathy Hochul should step in to prevent the turmoil by asking the state courts to rule that New York law does not guarantee biological males’ inclusion in women’s sports.
The current legal minefield presents a particular challenge for schools. Imagine a New York administrator faced with a male student who wants to join a girls’ sports team. If the school allows it, it risks violating the executive order and losing federal funding. If it refuses, it could face legal action from the state education department and transgender advocates, who insist that Prop. 1 mandates inclusion.
Complicating matters further, just before the proposal passed, Nassau County Executive Bruce Blakeman signed one of the nation’s first local laws prohibiting males from competing in women’s sports on county-owned facilities. New York Attorney General Letitia James immediately sued to block law on the grounds that it violates state anti-discrimination statutes. The New York Civil Liberties Union filed a similar suit on behalf of the Long Island Roller Rebels, a roller derby team with several trans-identifying players. That case remains stalled, and Nassau’s policy has, so far, withstood legal challenges.
The fight over Nassau’s law is part of a larger conflict that may soon embroil New York and Washington. The Trump administration will likely argue that its executive order preempts Prop. 1 under the Supremacy Clause, setting up a battle over federalism. Governor Hochul, fresh from feuding with Trump over congestion pricing, will resist any attempt to enforce the order. The courts will then have to resolve the conflict between the White House’s interpretation of federal civil rights law and the state’s interpretation of Prop. 1.
Progressives will doubtless pressure Hochul to hold firm, defying the Trump administration, even at the risk of losing the roughly $5.5 billion in annual federal education funding that New York receives. Such a loss would not necessarily be catastrophic: Hochul could assure school districts that the state’s nearly $250 billion budget can absorb the shortfall, effectively shielding them from financial repercussions.
But Hochul has a less confrontational option: she could seek a New York State Court of Appeals ruling that Prop. 1 does not conflict with the executive order. Such a ruling would clarify that constitutional protections against discrimination based on gender identity do not guarantee biological males’ inclusion in women’s sports. This approach would give local administrators legal clarity and avoid a damaging showdown with the federal government. And it would avoid a prolonged and costly battle that could eventually reach the Supreme Court.
New York’s sports battle is another front in the culture and legal war between the federal government and blue states. Until the courts weigh in, confusion will reign—and local officials will be left to navigate the chaos.
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