A Supreme Court decision allowing states to ban transgender student athletes from school sports will not immediately change protections for trans students in New York, though local officials and civil rights groups sharply criticized the ruling.
The Supreme Court's 6-3 decision stems from legal challenges to laws in Idaho and West Virginia barring trans girls and women from competing on girls' and women's school sports teams. On Tuesday, the court ruled that those state laws do not violate the Equal Protection Clause of the Constitution or Title IX, the federal law prohibiting sex discrimination in schools receiving federal funding.
But the decision does not change New York law, which prohibits discrimination based on gender identity through measures including the state's Human Rights Law and the Dignity for All Students Act. In New York City, education department policy also allows students to participate in sports and use facilities consistent with their gender identity.
"Nothing is different today versus yesterday when it comes to the rights that trans students and trans kids have in New York City," Christine Clarke, who heads the city's Commission on Human Rights, said in a statement on Tuesday. "They are as protected today as they were a year ago, two years ago or five years ago."
Although the ruling allows states to enforce such bans under federal law, it does not require states to adopt them, Clarke said.
"It's still the case that New York state law governs what happens in New York, and this Supreme Court case doesn't change that," she said.
While Clarke said it's important that New Yorkers understand their existing legal protections, she said she and others remain "outraged" by the ruling.
The decision also drew criticism from civil rights groups and local officials, who said it could encourage additional restrictions on trans rights.
By limiting the federal legal protections available to challenge state bans, Tuesday's decision could "embolden anti-trans extremists, including here in New York," according to Kei Williams, who heads the New Pride Agenda, which advocates for statewide LGBTQIA+ policy.
"Our state must continue to protect transgender students, strengthen anti-discrimination protections, and safeguard access to gender-affirming care — particularly as state law requires that schools treat students in accordance with their gender identity," Williams said in a statement on Tuesday.
The Supreme Court ruling also comes as New York remains embroiled in a yearslong legal battle over Nassau County's effort to bar trans girls and women from participating in sports at county-run facilities. New York Attorney General Letitia James and the New York Civil Liberties Union both sued over the policy.
In October, a state appeals court in Brooklyn temporarily blocked Nassau County Executive Bruce Blakeman's executive order, which he first issued two years ago.
James said Tuesday that she "will continue to fight for trans New Yorkers against discriminatory policies."
The New York Civil Liberties Union also pointed to recent guidance from James' office and the state's education department reaffirming that schools must continue following New York law protecting trans students.
Under New York guidance, schools may not require students to prove their gender identity or expression before participating in school activities. The guidance also says schools should address students by their chosen names and pronouns.
