Texas Attorney General Ken Paxton has filed a lawsuit against the National Collegiate Athletic Association, claiming the organization is engaging in deceptive practices by permitting transgender women to compete in events promoted as women’s sports.
The legal action, announced Sunday, alleges that the NCAA has violated the Texas Deceptive Trade Practices Act by misleading fans who wish to support athletic competitions featuring only athletes assigned female at birth. According to Paxton’s office, the organization has failed to be transparent with consumers about which athletes are transgender while also endangering female participants.
“Radical ‘gender theory’ has no place in college sports,” Paxton stated in his announcement.
The attorney general is asking the court to either restrict transgender athletes from competing in NCAA events held in Texas or involving Texas schools, or require the organization to stop marketing competitions as women’s sports when transgender women are included.
The NCAA responded without directly addressing the specific allegations. “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,” said Michelle Brutlag Hosick, the organization’s communications director.
The timing of Paxton’s lawsuit follows closely on the heels of a Senate Judiciary Committee hearing where NCAA President Charlie Baker faced intense questioning from lawmakers about transgender athlete participation. During that session, Baker noted that fewer than ten transgender athletes are competing among more than 500,000 total NCAA athletes.
The issue has become a significant political talking point for Republican officials and candidates in recent election cycles, with many featuring their opposition prominently in campaign advertising ahead of the November elections. The sustained focus on this topic has even influenced some Democratic candidates to publicly state their opposition to transgender participation in women’s sports, while voices within the party have called for stepping back from progressive stances on transgender rights following recent electoral outcomes.
The Biden administration recently pulled back a proposed regulation that would have prohibited schools from implementing blanket bans on transgender athletes under Title IX, though it would have permitted certain restrictions. Education Department officials cited the wide range of feedback received and ongoing legal challenges as factors in their decision.
Texas already has state legislation in effect that prohibits transgender athletes from competing on college teams aligned with their gender identity, a law enacted last year.