In a move that has sent tremors across the landscape of college sports, Texas Attorney General Ken Paxton—an outspoken far-right conservative who has aligned himself with President-elect Donald Trump’s vision of excluding transgender athletes—has filed a lawsuit against the National Collegiate Athletic Association (NCAA). The suit, announced on Sunday, December 22 in Lubbock, Texas, seeks to block transgender athletes from participating in women’s sports and accuses the NCAA of violating consumer rights under the Texas Deceptive Trade Practices Act.
For transgender athletes, their families, and the broader community of allies, the lawsuit marks yet another volley in a years-long campaign by politicians who see transgender inclusion as a threat to the institution of women’s sports. But while the legal clash intensifies, it’s important to remember that trans athletes’ presence in collegiate sports is minimal—less than ten, according to NCAA President Charlie Baker’s recent testimony. Here’s how we got to this point, why it matters, and what it means for those who believe in fairness, empathy, and inclusion.
Background on NCAA Trans-Inclusion Policies
The NCAA has allowed transgender athletes to compete since 2010, but there have always been specific guidelines. Under the original rules:
- Transgender women: Required to undergo at least one year of testosterone suppression therapy before being eligible to compete on women’s teams.
- Transgender men: Eligible to compete on men’s teams. However, if they receive testosterone treatment, they lose eligibility to compete on women’s teams.
These guidelines aimed to strike a balance between respecting trans athletes’ identities and addressing concerns around competitive fairness. For years, that policy stood largely unchallenged. But in 2020, as rising political tensions and public outcry followed the high-profile participation of trans collegiate swimmer Lia Thomas, the NCAA began reconsidering its approach.
By 2022, the association unveiled a revised policy mandating that each sport’s national or international governing body determine eligibility criteria for trans athletes. If no such governing body exists or has its own policy, the NCAA defaults to the previously established Olympic policy. The changes also introduced testosterone testing during specific championship windows. The NCAA reasoned this shift would align its policies more closely with national and global standards.
Ken Paxton’s Legal Argument
At the core of Paxton’s lawsuit is the claim that the NCAA’s inclusive policy misleads fans who expect “biological females” to be competing in women’s sports. Paxton calls such events “mixed-sex competitions,” suggesting the NCAA is duping consumers by labeling them as “women’s” sports. In his view, this allegedly violates the Texas Deceptive Trade Practices Act, a piece of consumer-protection legislation intended to shield buyers from false advertising.
Citing examples like a recent flap in San Jose State women’s volleyball, Paxton insists that trans athletes pose unfair physical advantages and might endanger the safety of cisgender women (non-transgender women). He wants a permanent injunction blocking the NCAA from holding or marketing any women’s event in Texas—or involving Texas-based teams—that includes a transgender athlete.
This isn’t the first time Paxton has drawn on consumer-protection laws to go after trans-inclusive policies. In his statement, he reiterates a hardline stance, saying, “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.’” He has previously described trans healthcare, including hormone therapy for minors, as “dangerous” and “experimental,” despite broad medical consensus to the contrary.
Growing Political Pressure and Trump’s Endorsement
Paxton’s latest legal offensive comes as President-elect Donald Trump has reiterated his intention to ban trans athletes from competing in women’s sports by executive order once he assumes office. This coordinated political push from prominent conservative figures—Trump on the national stage, and Paxton in Texas—has had a chilling effect on college athletics and on trans youth considering sports as an outlet. It also builds on a wave of legislation in various states seeking to bar transgender participation in youth, high school, and collegiate sports.
Trump’s campaign ads frequently spotlight images of trans athletes, painting them as emblematic of an extreme ideology that, he claims, is out of step with “common sense.” Critics say these ads stoke fear and perpetuate damaging stereotypes. For trans youth, these high-profile attacks can be devastating, adding another layer of stigma to an already vulnerable population often fighting to assert basic rights and dignity.
The NCAA’s Response: Staying the Course
The NCAA has, so far, largely sidestepped direct comment on Paxton’s lawsuit, stating it does not speak on active litigation. However, in a public statement, the organization stood firm in its commitment to Title IX—legislation originally designed to combat sex discrimination in education—and vowed to continue making “unprecedented investments in women’s sports” while ensuring fairness in NCAA championships.
Charlie Baker, a former Republican governor of Massachusetts and current NCAA President, has also emphasized the organization’s policy is guided by federal law and the shifting legal landscape. In Congressional testimony, Baker said there are fewer than ten active trans athletes in the NCAA’s entire roster of 510,000. He’s open to collaborating with lawmakers on a potential federal standard for trans athlete eligibility, but he maintains the NCAA won’t instate an outright ban because federal courts have historically sided with inclusion.
Legal Maze at the State and Federal Levels
Texas is not alone in the push to ban or severely restrict transgender participation in sports. Since 2020, over two dozen states have passed or considered laws barring trans children and teens from playing on teams that match their gender identity. Many of these measures affect college sports, too. Yet federal judges have temporarily blocked several of these laws in places like Arizona, Utah, West Virginia, and Idaho. The Supreme Court may soon take up the issue, with West Virginia and Idaho seeking its review.
Meanwhile, the U.S. Department of Justice (DOJ) is challenging similar bans, arguing they violate federal civil rights protections. Litigation against Tennessee’s law, among others, suggests the final word on trans athlete inclusion may ultimately come from the highest court in the land. The DOJ’s briefs note that these bans inflict “profound harms” on transgender youth by denying them medically recommended care for gender dysphoria and barring them from fully engaging in scholastic and collegiate life.
Ken Paxton’s opposition to transgender rights extends well beyond the realm of athletics. Earlier in 2023, Paxton filed a suit against Dallas physician Dr. May C. Lau, accusing her of improperly prescribing hormone therapy to minors in violation of Texas’s newly passed S.B. 14, which bans most forms of gender-affirming care for people under 18. His office also attempted to obtain personal records from LGBTQ+ advocacy groups like PFLAG, presumably to identify families supporting transgender youth.
RELATED: Texas AG Sues Doctor Over Gender-Affirming Care to Minors
In 2022, Paxton tried to compel the Texas Department of Public Safety to produce a list of every person in the state who’d updated their gender on official documents over the previous two years. The department responded that such data does not exist in a comprehensive, reproducible form. Observers see these moves as part of a broader strategy—one meant to dissuade parents of trans youth from seeking medical and social support.
Impact on the Transgender Community
For many transgender athletes, being able to compete on a team that aligns with their gender identity is about more than trophies—it’s about dignity, belonging, and mental health. Sports provide community, camaraderie, and a sense of accomplishment. Denying trans individuals the chance to participate can be isolating, especially for young people already grappling with social stigma and heightened rates of depression and anxiety.
Families and allies of trans individuals have voiced strong objections to Paxton’s lawsuit, criticizing it as a politicized stunt that further marginalizes an already small, vulnerable group. Advocates note that trans athletes aren’t shattering records left and right; rather, they’re regular student-athletes, working hard in practice and living their daily lives like any other competitor.
Medical experts, including those from organizations like the American Medical Association (AMA), the American Academy of Pediatrics (AAP), and the American Psychological Association (APA), uniformly endorse gender-affirming care as safe, effective, and—most importantly—lifesaving. Restrictive laws and lawsuits, they argue, place undue stress on trans youth and their families, often exacerbating the very mental health challenges these treatments aim to alleviate.
What Happens Next?
The legal journey of Paxton’s lawsuit against the NCAA will likely be long and winding, with potential appeals landing at higher state or even federal courts. Meanwhile, the political climate around trans athlete inclusion continues to intensify. President-elect Trump has promised executive action, while civil rights organizations stand ready to challenge new bans. Across the country, lawsuits related to trans healthcare, access to bathrooms, and ID document changes are adding to an already complicated patchwork of state-level rules.
On the ground, transgender students face a climate of uncertainty. Will they be allowed to compete next season? Will their medical records be scrutinized? Will they face condemnation or even legal threats for simply showing up to play? Such questions loom large.
In the face of these challenges, allies—friends, family, educators, healthcare providers, and supportive policymakers—are stepping up. Many are driven by a belief that sports should be open to everyone, reflecting a sense of fair play that honors an athlete’s hard work and passion. Parents of trans kids, in particular, often become unexpected activists, compelled by the desire to safeguard their children’s well-being.
From grassroots community groups to national organizations like the ACLU and Lambda Legal, advocates continue their fight in courtrooms and legislative halls, working to preserve a space for trans youth and adults in all facets of public life. These efforts underscore a simple truth: that transgender individuals, no less than anyone else, deserve dignity and the freedom to pursue their passions—whether that’s spiking a volleyball or simply being open about who they are.
The Bottom Line
The Texas Attorney General’s lawsuit against the NCAA doesn’t just raise questions about marketing or consumer rights; it symbolizes a clash of values in American sports culture: tradition versus transformation, fear versus acceptance, exclusion versus empathy. As the legal wheels turn, the conversation around trans inclusion in athletics will continue to shape debates at both the statehouse and dinner table.
At its heart, though, this issue is about real people—students working toward their degrees, balancing sports schedules with exams, celebrating small victories, and dreaming of bright futures. By humanizing the debate, we can move beyond divisive rhetoric and toward a more nuanced understanding of what fairness in sports really means.
For the transgender individuals caught in the crosshairs of Paxton’s legal crusade, the stakes are high. They are our neighbors, friends, classmates, and family members who have simply asked to be seen and treated as they are. In choosing empathy, knowledge, and love over fear and misinformation, we can ensure that sports remain a beacon of teamwork, resilience, and possibility for everyone—regardless of their gender identity.
