Texas Attorney General Ken Paxton filed a lawsuit against the NCAA on Sunday, accusing the governing body of college athletics of engaging in "false, deceptive, and misleading practices" by allowing transgender women to compete in women’s sports. The lawsuit, filed in a Texas district court, challenges the NCAA’s policy, claiming it misleads fans and jeopardizes the integrity and safety of women’s competitions.
Paxton’s Claims Against NCAA
Paxton’s suit argues that the NCAA is violating the Texas Deceptive Trade Practices Act, a state law designed to protect consumers from misleading advertising. He alleges that the NCAA is misrepresenting women’s sports by permitting transgender women to compete, stating:
“Consumers purchase goods and services associated with women’s college sports because they enjoy watching women compete against women—not men competing against women.”
The lawsuit repeatedly refers to transgender women as "men" and criticizes the NCAA for not disclosing which athletes are transgender. Paxton asserts that the participation of transgender women in women’s sports is “inherently unfair” due to physiological differences and calls it unsafe.
Paxton seeks a permanent injunction barring transgender women from competing in NCAA women’s events held in Texas or involving Texas schools. Alternatively, he has proposed that such events be marketed as coed.
Broader Context of the Dispute
The lawsuit arrives amid intensifying debates over transgender athlete participation in sports. NCAA President Charlie Baker recently testified before Congress, stating that fewer than 10 transgender athletes are currently competing in NCAA sports, though he did not specify whether that number includes transgender men.
Baker affirmed the NCAA’s commitment to federal law and its sport-by-sport approach to transgender athlete eligibility, adopted in 2022. Under this system, individual sports’ governing bodies set participation rules. Baker has expressed openness to working with Congress to establish a national standard but resisted calls for an outright ban, citing federal court rulings that generally favor inclusivity.
The NCAA has faced similar legal challenges, including a Title IX lawsuit from athletes who claim the organization discriminated against cisgender women by allowing Lia Thomas, a transgender swimmer, to compete and win a national championship in 2022.
Reactions and Political Implications
While the NCAA declined to comment on Paxton’s lawsuit, a spokesperson reiterated the organization’s commitment to Title IX and fair competition.
The lawsuit is part of a broader trend, with 26 states passing laws since 2020 banning transgender athletes from competing on teams aligning with their gender identity. Courts have temporarily blocked such bans in several states, including Idaho, West Virginia, and Arizona, while other states like Montana have seen their prohibitions overturned.
In April, the National Association of Intercollegiate Athletics adopted a policy barring most transgender women from competition. Former President Donald Trump has also promised to sign an executive order banning transgender athletes from female sports teams when he assumes office in January.
Future Implications
Paxton’s lawsuit adds to the growing legal and political battles surrounding transgender inclusion in sports. As courts weigh state laws and lawsuits, the debate continues to shape the future of collegiate athletics, federal policies, and public opinion on gender identity in sports.
