Texas Attorney General Ken Paxton is escalating his legal battle against the NCAA, urging a state court to mandate gender testing for athletes under the organization’s revised transgender policy. The lawsuit, filed in December 2023, argues the NCAA’s current rules lack enforcement mechanisms to prevent biological males from competing in women’s sports.
Paxton’s latest filing claims the NCAA’s policy—which restricts women’s sports to athletes assigned female at birth—relies on unverified self-reporting.
Biological men can still exploit loopholes through altered birth certificates,the lawsuit asserts, despite NCAA officials stating amended documents don’t override eligibility requirements.
The NCAA updated its guidelines in January 2024 after former President Donald Trump signed an executive order targeting transgender athletes. Key provisions include:
- Banning male-to-female athletes from women’s championship events
- Allowing hormone-treated athletes to practice with women’s teams
- Requiring schools to certify athletes’ birth genders
Critics highlight the policy’s paradox: While barring transgender women from competition, it permits biological males to access team resources. NCAA President Charlie Baker noted only 10 transgender athletes compete across 500,000+ NCAA participants, calling the issue statistically rare but philosophically critical.
Paxton’s push aligns with World Athletics’ recent revival of gender testing through cheek swab DNA analysis—a practice abandoned in the 1990s over ethical concerns. The Texas lawsuit seeks to implement similar screenings, though medical experts warn such tests often misclassify intersex athletes.
The NCAA maintains its policy balances inclusion and fairness, emphasizing state laws supersede its rules. With 1,100 member schools handling eligibility checks, inconsistencies remain likely. As legal battles intensify, 24 states have passed laws restricting transgender sports participation since 2020.
