Texas Attorney General Ken Paxton has opened an investigation into U.S. Masters Swimming following controversy over a transgender athlete who claimed multiple national titles in women’s events last month.
The investigation, announced Monday, will examine whether the organization “engaged in false, deceptive, and misleading acts and practices” by allowing transgender swimmer Ana Caldas to compete in and win five events in the women’s 45-49 age group at the 2025 USMS Spring Nationals held in San Antonio.
“The policy of U.S. Masters Swimming, which allows men to compete in women’s events, is reprehensible and could violate Texas’s consumer protection laws,” Paxton stated in the press release. “Not only is this policy insulting to female athletes, but it also demonstrates deep contempt for women and may violate Texas law. I will fight to stop these unfair policies and never back down from defending the integrity of women’s sports.”
Caldas, 47, dominated her age group, winning the 50 free (24.17), 100 free (53.16), 50 breast (29.74), 100 breast (1:06.69), and 100 IM (1:01.72). According to reports, Caldas previously competed in the male division in the early 2000s before transitioning and has participated in women’s CrossFit competitions since 2012.
The investigation highlights growing tension around transgender participation policies in sports. U.S. Masters Swimming currently “allows transgender swimmers to participate in the gender competition category in which they identify,” a policy that differs significantly from other governing bodies.
World Aquatics, for instance, only permits transgender women to compete in women’s categories if they have not experienced male puberty beyond Tanner Stage 2 or after age 12. USA Swimming requires evidence of maintained testosterone levels below 5 nmol/L for at least 36 months, plus proof that the athlete’s physical development as a male provides no competitive advantage.
The NCAA recently aligned its transgender policy with President Donald Trump’s “Keeping Men Out of Women’s Sports” executive order, which bars transgender women from competing in women’s divisions.
Caldas’ victories have prompted calls for policy changes from organizations including The Independent Council on Women’s Sports (ICONS), which wrote to the USMS Board stating: “There is no length of time during which testosterone suppression eliminates male advantage; therefore, it should not serve as a guideline permitting men to compete in women’s swimming. At a minimum, it is USMS’s responsibility to enforce its current policy.”
Under Texas consumer protection laws, “unconscionable action” that takes advantage of a person’s lack of knowledge, ability, or experience is prohibited. The investigation may examine whether female athletes were misled about competition fairness or rules, potentially constituting a violation of these laws.
