In a legal move that could potentially have significant implications for college sports, a group of sixteen college athletes initiated a class action lawsuit against the National Collegiate Athletic Association (NCAA), challenging its transgender participation policy. The NCAA, an organization that oversees college athletics across the United States, has frequently expressed its desire for fairness, inclusion, and safety in sports. In recent years it has found itself at the center of a complex debate on gender and competitive equity.
Catalyst for the Lawsuit
The catalyst for the lawsuit was the participation of Lia Thomas, a transgender swimmer from the University of Pennsylvania, in the 2022 NCAA swimming championships. Thomas, who transitioned and met the NCAA's hormone therapy requirements for transgender athletes, made history by winning the 500-yard freestyle, sparking a national conversation about the balance between inclusion and competitive fairness in women's college sports. The NCAA changed its transgender athlete eligibility policy in 2022, in part due to the debate that arose after this competition.
Now, one of the other competitors in the event, Riley Gaines, is filing a lawsuit along with over a dozen current and former female NCAA competitors in swimming and volleyball. Gaines has been outspoken since the 2022 competition in her beliefs about transgender women in college sports, even testifying in late 2023 before the House Subcommittee on Health Care and Financial Services.
The plaintiffs claim the NCAA's policies have infringed on Title IX protections, a federal civil rights law passed as part of the Education Amendments of 1972. Title IX was established to ensure equal opportunities for women in education and athletics while prohibiting sex-based discrimination in any school that receives federal funding.
The plaintiffs argue that by allowing transgender women to compete in women's events and access women's locker rooms, the NCAA is violating their rights to bodily privacy and placing an undue burden on female athletes.
Because the lawsuit was recently filed, the NCAA has yet to make any kind of legal rebuttal. However, it said in a statement after the lawsuit was filed that " ... 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."
Lawsuit Seeks Transgender Athlete Ban
This lawsuit not only seeks to revise the current standings and records to exclude transgender women from women's sports events but also aims for a broader impact on how gender and eligibility are navigated in collegiate sports. It is asking the court to require the NCAA to redefine its approach to gender inclusivity, suggesting that without clear sex-separated sports teams, competitions, and facilities, equality and equal opportunity in female athletics are compromised.
Does Title IX Apply to the NCAA?
The NCAA is a non-profit, member-led organization that is not affiliated with any particular public university. Due to the popularity of college sports, it brought in an estimated $1.3 billion in revenue in 2023. Its board of governors, the highest authority in the NCAA, is comprised of presidents and chancellors of member schools. Interestingly, however, the question of whether Title IX applies to the NCAA is not clear. In 1999, the Supreme Court unanimously held that dues payments from recipients of federal funds do not subject the NCAA to liability under Title IX. The first question this lawsuit must resolve, therefore, is whether the NCAA is accountable under Title IX at all. Such a determination could have an impact on NCAA athletes beyond issues of transgender and nonbinary athletes.
It could also be the basis for an appeal, although the Supreme Court declined to take up the issue of transgender athletes in college sports in 2023, suggesting current justices are not eager to wade into yet another highly contentious national topic.
Future of College Sports
The NCAA's current transgender athlete policy is designed to align with evolving standards for inclusion and fairness, including requirements for hormone suppression treatments to better promote fairness. Current requirements are created on a sport-by-sport basis. However, the lawsuit argues that hormone suppression does not eliminate an advantage transgender athletes have in women's athletics, attributing Lia Thomas' success to a "retained male advantage." The ongoing debate from both sides about the advantages or disadvantages in athletic performance attributed to transgender athletes is a topic that remains contentious due to limited and ongoing research.
As the legal process unfolds, the sports community, policymakers, and LGBTQ+ advocates will monitor the outcome, as it has the potential to reshape the future landscape of college sports.
Related Resources:
- Gender Discrimination: Applicable Laws (FindLaw's Learn About the Law)
- Gender Discrimination (FindLaw's Learn About the Law)
- Title IX Protections for Transgender Students (FindLaw's Learn About the Law)
