Texas AG Ken Paxton takes on NCAA over deceptive transgender policy in women’s sports
By isabelle // 2025-02-24
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  • Texas AG Ken Paxton files a lawsuit against the NCAA over its policy allowing biological males to compete in women's sports.
  • Paxton accuses the NCAA of deceptive practices, alleging the policy undermines fairness and safety for female athletes.
  • The NCAA claims its policy aligns with Trump's executive order but Paxton argues it is riddled with loopholes.
  • Critics, like former swimmer Riley Gaines, highlight the lack of accountability and oversight in the NCAA’s policy.
  • Paxton seeks to enforce gender testing and stricter eligibility requirements to preserve the integrity of women’s sports.
Texas Attorney General Ken Paxton has filed for a temporary injunction against the National Collegiate Athletic Association (NCAA), accusing the organization of misleading the public with a deceptive policy that allows biological males to compete in female-specific competitions. The legal action comes after the NCAA claimed to align its rules with President Donald Trump’s executive order banning transgender athletes from women’s sports. However, Paxton argues that the NCAA’s policy is riddled with loopholes, undermining fairness and safety for female athletes.

The NCAA’s “sleight of hand"

Paxton’s lawsuit, originally filed in December 2024, alleges that the NCAA engaged in “false, deceptive, and misleading practices” by marketing events as women’s competitions while permitting biological males to participate. Despite the NCAA’s recent policy change, which ostensibly limits women’s sports to athletes assigned female at birth, Paxton contends that the organization has failed to implement meaningful safeguards. “The NCAA’s sleight of hand is designed to intentionally deceive consumers into believing that biological men are no longer allowed to participate in women’s sports,” Paxton said. “Far from aligning with President Trump’s executive order or basic reality, the NCAA’s new policy treats sex as a changeable characteristic determined by a birth certificate instead of biology.” The NCAA’s revised policy allows athletes born as men to practice with women’s teams and receive benefits such as medical care, while athletes born as women who undergo hormone therapy can practice but risk their team’s eligibility if they compete. Critics argue that this creates a gray area ripe for exploitation, as birth certificates can be altered in 44 states without requiring medical documentation.

A threat to fairness and safety

The inclusion of biological males in women’s sports has sparked widespread concern over fairness and safety. Female athletes face inherent physical disadvantages when competing against biological males, who typically possess greater muscle mass, bone density, and lung capacity. This disparity not only undermines the spirit of competition but also poses potential risks to female athletes in contact sports. Riley Gaines, a former All-American swimmer and advocate for women’s sports, criticized the NCAA’s policy as “as clear as mud.” She highlighted the lack of accountability and oversight, noting that the policy removes testosterone thresholds and fails to define key terms like “male” and “female.” “The policy explicitly allows men and women on the women’s team,” Gaines told Fox News Digital. “No matter how you read it, men are still allowed to receive women’s benefits, which includes access to their locker rooms. There’s no screening. There’s no oversight.” Paxton’s legal action seeks to compel the NCAA to implement gender testing and enforce stricter eligibility requirements. The filing references World Athletics’ recent decision to reintroduce gender testing, a practice that had been absent from track and field since the 1990s. Paxton argues that without such measures, the NCAA’s policy leaves “ample opportunity for biological men to alter their birth records and participate in women’s sports.” The NCAA, however, maintains that its policy is clear and that athletes born as men cannot compete in women’s sports with amended birth certificates. “The policy is clear that there are no waivers available,” an NCAA spokesperson told The Associated Press. Despite these assurances, critics remain skeptical. Kim Jones, co-founder of the Independent Council on Women’s Sports, urged President Trump to intervene and hold the NCAA accountable. “The NCAA betrayed us women,” Gaines added. “They betrayed us as their student-athletes, and that has not changed.” Attorney General Ken Paxton’s fight against the NCAA underscores a growing national debate over the future of women’s sports. By challenging the organization’s deceptive practices, Paxton aims to preserve fairness, safety, and the integrity of female athletics. As the legal battle unfolds, the outcome could set a precedent for how sports organizations address the complex issue of transgender participation. Sources for this article include: TexasAttorneyGeneral.gov TexasBorderBusiness.com ABCNews.go.com FoxNews.com
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