AUSTIN, Texas — Texas Attorney General Ken Paxton has initiated a legal challenge against the NCAA aimed at preventing transgender athletes from participating in women’s sports. He claims this participation misleads fans and creates false expectations within the sporting community.
The lawsuit, filed in Lubbock’s state district court and made public on Sunday, asserts that the NCAA is in violation of the Texas Deceptive Trade Practices Act. This law is intended to safeguard consumers from being deceived into purchasing goods or services that do not meet the representations made to them. The lawsuit centers on the idea that marketing women’s sports may be misleading if transgender athletes are included.
This move is part of a broader trend among conservative lawmakers targeting the inclusion of transgender athletes in competitive sports. Notable figures, including President-elect Donald Trump, have voiced support for limiting participation by transgender individuals in athletic events.
The legal action seeks a court order to prevent the NCAA from permitting transgender athletes to compete in women’s categories in Texas or in events associated with Texas programs. Alternatively, it wants the court to mandate that the NCAA refrain from labeling events as “women’s” sports if they allow transgender participation.
In his remarks, Paxton referred to a recent incident involving the San Jose State women’s volleyball team, where several opposing teams forfeited matches due to the presence of a transgender player on the Spartans’ roster. A federal court previously denied a request to exclude the school from participating in the Mountain West Conference championship.
“When spectators attend a women’s volleyball match, they expect to witness female athletes competing against each other, rather than biological males,” Paxton stated. He condemned what he described as radical gender theories infiltrating collegiate athletics.
The identity of the transgender athlete involved remains undisclosed, as she has not publicly discussed her gender identity and has turned down interview requests through school officials.
Paxton accused the NCAA of knowingly compromising the safety and welfare of female athletes, asserting that this situation shifts women’s sports into a mixed-gender format.
Currently, the NCAA does not maintain statistics on transgender athletes among the estimated 544,000 competitors across 19,000 teams nationwide. NCAA President Charlie Baker testified in Congress that he was aware of fewer than ten transgender athletes actively participating in NCAA competitions.
In response to the lawsuit, the NCAA noted that college sports serve as a significant platform for women’s athletics in the United States. While they don’t comment on ongoing legal matters, the organization emphasizes its commitment to promoting Title IX, increasing investments in women’s sports, and ensuring equitable competition in NCAA events.
Brooke Slusser, co-captain of the San Jose State volleyball team, expressed support for the lawsuit on social media, warning the NCAA about the escalating pressures they face until a change is implemented.
Since 2010, the NCAA has upheld a policy requiring transgender athletes assigned male at birth to undergo at least a year of testosterone suppression treatment before they can compete in women’s categories. Conversely, transgender athletes assigned female at birth can join men’s teams but are barred from female competition if they’ve received testosterone therapy.
Athletes must also adhere to specified testosterone levels throughout the competitive season. In 2022, the NCAA updated its policy to align with national governing bodies in sports, stating that if no trans athlete policy exists, it will default to the guidelines of the relevant international federation, or else revert to guidelines previously set by Olympic criteria.
