LUBBOCK COUNTY, Texas – Texas Attorney General Ken Paxton has filed a new lawsuit against the NCAA, challenging its updated policy on transgender athletes in women’s sports.
Paxton’s legal action seeks to compel the NCAA to implement a “sex screening” process for student-athletes, arguing that the organization’s revised eligibility guidelines remain inconsistent with federal mandates.
The lawsuit comes in response to the NCAA’s amended transgender eligibility policy, released on February 6, 2025, following President Donald Trump’s executive order prohibiting biological males from competing in women’s sports.
Under the NCAA’s revised guidelines, student-athletes assigned male at birth are ineligible to compete in women’s competitions but may still participate in team practices and receive other benefits. While the NCAA asserts that these changes align with Trump’s directive, Paxton contends that the policy does not fully comply with the administration’s definition of sex, which is determined at conception.
Paxton’s Legal Argument
Paxton argues that because most states allow individuals to change the sex designation on their birth certificates, the NCAA’s reliance on such documents could lead to violations of federal policy. He further claims that by not implementing sex screenings, the NCAA is engaging in deceptive business practices.
“In spite of the Amended [Transgender Eligibility Policy] and the NCAA’s representations that it has brought itself into alignment with President Trump’s ‘clear, national standard,’ the NCAA has allowed, and will continue to allow, biological men to compete in ‘women’s’ sports categories through two principal avenues: (1) the NCAA’s decision not to screen the sex of student-athletes, and (2) the NCAA’s reliance on sex ‘assign[ments]’ as determined by birth records,” court filings state.
NCAA’s Response
The NCAA issued a statement to Fox News Digital, reaffirming its commitment to maintaining a clear and enforceable policy.
“The policy is clear that there are no waivers available, and a 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 reads. “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.”
The Legal Landscape
Currently, only six states—Texas, Tennessee, Oklahoma, Montana, Kansas, and Florida—prohibit individuals from changing the sex designation on their birth certificates. In contrast, 14 states allow such changes without requiring any medical documentation.
What’s Next?
Paxton is seeking a temporary injunction against the NCAA, but it remains unclear when the court will rule on the matter. The lawsuit also raises concerns about the potential impact on the NCAA Women’s Basketball Tournament, which Paxton notes could feature up to five Texas teams in the field.
The tournament is set to begin on March 19.
