Texas sues NCAA demanding mandatory gender testing to keep trans athletes out of women's sports
Texas Attorney General Ken Paxton sued the NCAA for its recent revised gender eligibility policy, demanding the governing body begin mandatory sex screening to keep trans athletes out of women's sports.
The NCAA announced its revised policy on Feb. 6 in response to President Donald Trump's "No Men in Women's Sports" executive order, which was signed just one day earlier. The revised policy states that biological male trans athletes are not eligible to compete in women's competitions, but may continue practicing and receive "other benefits" from women's teams.
But the policy came under heavy scrutiny by women's rights activists over concerns biological males will use amended birth certificates to gain entry into women's sports. Now, Paxton has joined that list of critics and is taking legal action to try and amend the policy further.
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"In practice, the NCAA's lack of sex-screening has allowed (and will continue to allow) biological men to surreptitiously participate in 'women's' sports categories," the lawsuit states. Additionally, Paxton lays out that the NCAA allows "ample opportunity for biological men to alter their birth records and participate in women's sports."
Former U.S. gymnast and founder of XX-XY Athletics Jennifer Sey supported Paxton's decision to file a lawsuit, she told Fox News Digital.
"The only reliable way to retain the integrity of women’s sports – ensure they are XX only – is to test for sex. Birth certificates are changeable, but sex is not. It’s a simple non-invasive test. Spit in a cup. That’s it. Athletes are already tested for drugs. Some are weighed to ensure they make weight in their category. This is no more invasive than either of those," Sey said.
Paxton had filed a lawsuit against the NCAA in December over its previous policy. In that suit, Paxton accused the NCAA of "engaging in false, deceptive, and misleading practices by marketing sporting events as ‘women’s’ competitions only to then provide consumers with mixed sex competitions where biological males compete against biological females."
"The NCAA is intentionally and knowingly jeopardizing the safety and wellbeing of women by deceptively changing women’s competitions into co-ed competitions," Paxton said in a statement. "When people watch a women’s volleyball game, for example, they expect to see women playing against other women – not biological males pretending to be something they are not. Radical ‘gender theory’ has no place in college sports."
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The NCAA provided a statement to Fox News Digital addressing the criticisms and insisting that amended birth certificates will not be accepted.
"The policy is clear that there are no waivers available, and student-athlete assigned male at birth may not compete on a women’s team with amended birth certificates or other forms of ID," the statement read. "Male practice players have been a staple in college sports for decades, particularly in women’s basketball and the Association will continue to account for that in the policy."
These specifics are not currently outlined on the official NCAA policy page, as it makes no specific references to birth certificate or ID amendments, or women's scholarships going to trans athletes, per the NCAA's website.
In the U.S., 44 states do allow birth certificates to be altered to change a person's birth sex. The only states that do not allow this are Florida, Texas, Kansas, Oklahoma, Tennessee and Montana. Meanwhile, there are 14 states that allow sex on a birth certificate to be changed without any medical documentation required, including California, New York, Massachusetts and Michigan.
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Still, Trump and his Department of Education celebrated the NCAA's policy change when it was announced earlier this month.
"Exciting news! Due to my Executive Order, which I proudly signed yesterday, the NCAA has officially changed their policy allowing men in Women’s Sports – IT IS NOW BANNED! This is a great day for women and girls across our Country," Trump wrote on social media in response to the NCAA's policy change.
The Department of Education wrote in a post, "NEWS: In accordance with President Trump's Executive Order, the NCAA just announced that 'a student-athlete assigned male at birth may not compete for an NCAA women’s team.' The wins keep coming under POTUS’s leadership!"
Neither Trump nor anyone directly in his administration has addressed the recent criticisms of the new NCAA policy over potential amended birth certificates.
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