Texas Attorney General Ken Paxton has filed a lawsuit against the NCAA, aiming to prevent transgender athletes from participating in women’s college sports within the state. The lawsuit, filed in Lubbock state district court and announced Sunday, alleges that the NCAA violates the Texas Deceptive Trade Practices Act. Paxton argues that the inclusion of transgender athletes misleads fans and constitutes deceptive advertising, as it fails to accurately represent women’s sports as competitions exclusively between cisgender women.
This legal action is the latest in a series of attempts by conservative politicians to restrict transgender athletes’ participation in sports. The lawsuit seeks an injunction to either prohibit the NCAA from allowing transgender women to compete in women’s sports involving Texas programs, or to mandate that the NCAA cease marketing events as “women’s” sports if transgender athletes are included. Paxton’s statement seemingly references the recent controversy surrounding the San Jose State women’s volleyball team, where opposing teams forfeited matches due to the presence of a transgender player. A federal court recently refused to block the team from participating in the Mountain West Conference championship. Paxton claims the NCAA is jeopardizing women’s safety and well-being, essentially transforming women’s sports into co-ed competitions. He further asserts that “radical ‘gender theory’ has no place in college sports.” The player’s name is being withheld by the Associated Press as she hasn’t publicly commented on her gender identity and declined an interview request through school officials.
The NCAA, which does not track data on transgender athletes among its 544,000 competitors, stated in a Monday response that it will continue to promote Title IX, invest in women’s sports, and ensure fair competition. NCAA President Charlie Baker recently testified in Congress that he was aware of fewer than 10 active transgender athletes within the NCAA. Brooke Slusser, a San Jose State volleyball co-captain who sued the Mountain West Conference over her teammate’s participation, expressed support for the Texas lawsuit on social media.
The NCAA initially established a policy in 2010 requiring transgender women to undergo at least one year of testosterone suppression therapy before competing on women’s teams. This policy was revised in 2022 to align with national and international governing bodies’ policies on transgender athletes, defaulting to Olympic policy if no other guidelines exist. The policy mandates that athletes meet their sport’s specific documented testosterone level standards throughout the season.