The Honorable Justice Bruce Cozzens of the Supreme Court of Nassau and Suffolk Counties in New York just delivered a major win for women’s dignity by rejecting a bid, led by the American Civil Liberties Union, to block a law that protected female sports for female athletes only. Justice Cozzens wrote:

“There can be no question (even without discovery) that a biological male regardless of transitioning would be possessed of greater athleticism and speed, strength, muscle mass, stronger hearts and greater bone density. The goal of the local law is to provide a safe environment for individuals who are born female to play.”

The case concerned a roller derby league that wanted, not only to include male participants in female categories, but wanted to keep it secret from all female competitors. Justice Cozzens addressed the issue with great concern:

“The Plaintiff is not only asking that transgender athletics be included on female teams but also that they not  disclose the transgender identity. Potentially that creates an even greater risk to the females since they would not even be aware (nor it is assumed would they be permitted to inquire) if a player was a biological male. Common sense requires weight classifications for wrestling and boxing clearly to protect the safety of the individuals. Common sense requires the same here.”

Also important for the greater fight to protect women’s sports is the fact that the county made clear that it was bound by Title IX to protect women. “The County submits that it receives funding from the federal government which requires recipients to comply with Title IX,” Justice Cozzens wrote, making clear that the county believed it “impossible to comply with Title IX” and allow males in female categories. He made clear that, “There is no support in Title IX to suggest that sex discrimination includes gender identity. In the case of Department of Education, et. al. v. Louisiana et. al., 603 U.S. ___ (2024) the Supreme Court recognized that Title IX as written does not include gender identity.”

This unimpeachable line of legal reasoning and common sense has led President Trump to align federal policy in every area of law to biological reality. This recognition that there is no discrimination against transgender individuals by simply applying biological reality to law is crucial to fairness and justice for women going forward. Accordingly Justice Cozzens concluded, “The Court has reviewed the Plaintiff’s arguments and does not find that [the law protecting women’s sports] excludes transgender women and girls from the public facilities based on their gender identity and the Plaintiffs have not shown discrimination under the Human Rights Law and the Civil Rights Law.”

We are making progress in this area in cases and legislatures around the country. Let us continue to pray for courageous judges who state matters as plainly as Justice Cozzens did in this case.