LUBBOCK, Texas — The Texas Attorney General, Ken Paxton, is advocating for the NCAA to enhance its transgender policy by implementing mandatory gender testing for athletes competing in women’s sports. In December, Paxton initiated a lawsuit in state district court and recently expanded that action to include a request for a court order mandating gender screenings for these athletes. Additionally, he is seeking an injunction to prevent the NCAA from inaccurately asserting that only biological women can participate in women-specific competitions.
Just earlier this month, the NCAA adjusted its participation policies for transgender athletes, restricting competition in female sports to those who were assigned female at birth. This change closely followed an executive order signed by President Donald Trump that aimed to limit transgender athletes’ involvement in women’s and girls’ sports.
Paxton is not convinced that the NCAA’s recent actions are sufficient, pointing out that the organization lacks a proper system for sex screening. His lawsuit argues that the absence of sex screening enables biological males to covertly take part in women’s sports categories.
Over the past year, the inclusion of transgender athletes in women’s sports has faced significant backlash from critics who argue that this participation is inequitable and may pose safety issues. Despite there being a limited number of transgender athletes, the issue has gained traction as a prominent theme in Trump’s re-election campaign. NCAA President Charlie Baker noted in December that he was aware of only 10 transgender athletes among over 500,000 competing in the NCAA.
The NCAA’s updated policies allow athletes designated male at birth to train with women’s teams and access resources including medical care. However, an athlete assigned female at birth who has initiated hormone therapy may train with a women’s team but is prohibited from competing in order to maintain the team’s eligibility for championships.
Furthermore, Paxton contends that the NCAA’s policies permit “ample opportunity” for biological males to change their birth records and compete in women’s sports, a claim that the NCAA disputes. The organization clarified that its policy explicitly states no waivers are available, and that a student-athlete assigned male at birth cannot compete on a women’s team with altered birth certificates or other identification forms.
The responsibility of certifying athlete eligibility for practice and competition rests with the NCAA’s member schools, of which there are approximately 1,100. It is important to note that local, state, and federal laws can take precedence over NCAA guidelines.
Moreover, Paxton’s latest filing referenced a recent announcement from World Athletics about proposed guidelines that would reintroduce gender testing, a process that had been absent from track and field events since the 1990s. Many of these gender screenings can be executed simply by swabbing the inside of an athlete’s cheek.
