Transgender Women in Sports: A Test Case for State Legislative Protections

For decades, transgender people have been fighting for the right to participate in sports leagues consistent with their gender identity. Much of this fight has played out on the federal stage, but recently both the federal government and federal courts have become hostile to transgender rights broadly, and transgender rights in sports in particular. This Comment examines an alternate but increasingly promising avenue for the vindication of transgender rights in sports: state law. Using a New York lawsuit brought by a women’s roller derby team, Long Island Roller Rebels v. County of Nassau, as a case study, this Comment argues that state preemption and broad anti-discrimination statutes can protect transgender rights, shielding against federal overreach. Specifically, it demonstrates how advocates can leverage New York’s Municipal Home Rule Law, Human Rights Law, and Civil Rights Law to create a template for future transgender rights litigation.