A federal court ruling has delivered a mixed outcome for former University of Kentucky swimmer Riley Gaines and her fellow plaintiffs in their high-profile challenge against NCAA policies regarding transgender athletes in women’s sports.
U.S. District Judge Tiffany R. Johnson on Thursday struck down the majority of claims in the lawsuit while allowing one significant component to move forward. The case, filed in March 2024 by Gaines and more than a dozen other female athletes, targeted the NCAA, the University of Georgia, and other defendants over policies that previously allowed transgender athletes to compete in collegiate sports.
The original lawsuit challenged the NCAA’s former policy that permitted transgender athletes to participate on a sport-by-sport basis, following guidelines established by Olympic standards and national governing bodies for each sport. The plaintiffs argued this approach violated Title IX protections, the Equal Protection Clause, and privacy rights.
However, the legal landscape shifted dramatically in February when the NCAA adopted new rules prohibiting student-athletes assigned male at birth from competing on women’s teams. This policy change came after President Donald Trump issued an executive order banning transgender athletes from women’s sports.
The timing proved crucial for several aspects of Gaines’ case. Judge Johnson found that claims against Georgia-based defendants had become meaningless due to the Riley Gaines Act, legislation signed by Governor Brian Kemp in April. This state law prohibits Georgia universities from hosting or participating in competitions where biologically male athletes compete against biologically female athletes or use female-designated facilities.
“The remedy sought by Gaines is therefore already in place, meaning her claim is no longer needed,” Johnson determined, noting that the law prohibits “exactly the conduct” targeted in the complaint.
The judge also dismissed constitutional claims against the NCAA, citing a fundamental legal principle established in a 1988 Supreme Court case, NCAA v. Tarkanian. That ruling determined the NCAA is not a state actor, meaning it doesn’t function as a governmental entity required to provide constitutional protections.
Johnson applied similar reasoning to Gaines’ case, writing: “Much like UNLV’s decision to follow the NCAA’s rules did not transform the NCAA’s rulemaking into state action, all of the schools that participated in the 2022 Championships did not transform the NCAA policy on transgender athletes into state action.”
She added that the “Plaintiffs’ argument that the NCAA is a stand in for, effectively, every state in the country is illogical when the Supreme Court has already determined its involvement with one state was too attenuated to constitute state action.”
Despite these dismissals, the court allowed Gaines’ Title IX claims against the NCAA to proceed, creating a pathway for what could become a significant test case. The plaintiffs argue that permitting transgender female athletes to compete deprives other women of equal opportunities guaranteed under Title IX.
The NCAA attempted to deflect this claim by arguing it doesn’t receive federal financial assistance, which is typically required for Title IX enforcement. However, Judge Johnson found merit in Gaines’ assertion that the NCAA does receive federal funding through the Grand Alliance, a partnership with the U.S. Department of Defense focused on concussion research.
While the NCAA disputed whether it directly controls these funds or whether the Grand Alliance constitutes a separate legal entity, Johnson concluded that more investigation is necessary.
“While it is unclear whether the federal government’s money ever rested in NCAA’s coffers,” the judge observed, “there is at least a plausible allegation that NCAA research was either directly or indirectly funded by the DoD and that the NCAA either directly or indirectly plays a role in deciding how those funds are used.”
The case will now move to limited discovery, requiring both sides to share relevant documents and provide testimony. This development comes as none of the original plaintiffs will retain NCAA eligibility beyond 2028, and the legal and political landscape around transgender athlete participation continues to evolve.
The lawsuit gained national attention partly due to its connection to former Penn swimmer Lia Thomas, who became a focal point of controversy over transgender participation in women’s sports. Thomas and Gaines tied for fifth place in the 200-yard freestyle at the 2022 NCAA swimming and diving championships, an event that helped catalyze broader debates about competitive fairness.
The Independent Council on Women’s Sports, which backs the lawsuit, characterized Johnson’s decision to advance the Title IX claims as a “major step toward proving the NCAA violated Title IX by allowing men to compete on women’s teams.”
An NCAA spokesperson responded that “College sports remain the premier stage for women’s sports in America, and the Association and its members will continue to promote Title IX, make unprecedented investments in women’s sports and ensure fair competition in NCAA championships.” The spokesperson emphasized that “the NCAA’s transgender participation policy aligns with the Trump Administration’s order.”
