Texas AG sues NCAA over transgender participation
Mar 19, 2024; Columbus, OH, USA; A Wilson NCAA basketball sits in the rack as the Ohio State Buckeyes and Cornell Big Red warm up prior to the NIT basketball game at Value City Arena. Texas Attorney General Ken Paxton sued the NCAA in an attempt to prevent transgender athletes from competing in women's college sports, according to a release issued on Paxton's website Sunday.
Paxton's lawsuit, filed in state district court in Lubbock, requests an injunction that would restrict the NCAA from allowing biological males to compete in women's sports in Texas or sports involving Texas teams. The suit alternatively wants the NCAA to stop promoting events as women's competitions if they involve transgender athletes.
Paxton claims that the NCAA's current rules allowing transgender participation violate the Texas Deceptive Trade Practices Act, which serves to protect consumers from being misled or tricked into paying for falsely advertised goods and services.
"That only biological women will compete in the events is an important reason consumers choose to support women's sports," the release said.
Paxton also argued in a statement that the NCAA "is intentionally and knowingly jeopardizing the safety and wellbeing of women by deceptively changing women's competitions into co-ed competitions."
Part of Paxton's statement seemingly alluded to the San Jose State volleyball program, which saw several opponents forfeit matches this fall under the impression that the Spartans had a transgender player.
"When people watch a women's volleyball game, for example, they expect to see women playing against other women -- not biological males pretending to be something they are not," the statement read. "Radical ‘gender theory' has no place in college sports."
The NCAA does not track transgender athlete participation, per ESPN. However, while testifying in Congress earlier this month, NCAA President Charlie Baker said he knew of no more than nine current transgender college athletes.
The NCAA declined to directly address Paxton's lawsuit in a statement released Monday.
"College sports are the premier stage for women's sports in America, and while the NCAA does not comment on pending litigation, the Association and its members will continue to promote Title IX, make unprecedented investments in women's sports and ensure fair competition in all NCAA championships," the statement read.
The NCAA last updated its policy on transgender athlete participation in 2022.
The current framework requires each sport to follow their national governing body's policy on transgender participation. If a sport's governing body does not have a transgender policy, the policy of that sport's international federation takes precedence. If an international federation policy does not exist, the sport abides by the current Olympic policy criteria.
Paxton's lawsuit joins a wave of litigation from conservative politicians who want transgender athletes banned from competing in NCAA events. Donald Trump has not taken legal action on the subject, but the President-elect has said he supports banning transgender athletes.
--Field Level Media
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