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Texas AG Sues NCAA For Deceptive Practices Over Transgender Athletes in Women’s Sports

Texas AG Sues NCAA For Deceptive Practices Over Transgender Athletes in Women’s Sports

“Consumers do not purchase goods and services associated with women’s sporting events to watch men steal medals and records from female participants”

In a novel lawsuit to protect women’s sports, Texas Attorney General Ken Paxton alleges the National Collegiate Athletic Association (NCAA) is deceiving fans by allowing transgender, i.e., male, athletes to participate with females in women’s sporting events.

Opponents of transgender athletes in women’s sports usually point out the obvious physiological and competitive advantages men have over women. Allowing them to compete with females, they say, flies in the face of Title IX’s longstanding policy of preserving integrity and fairness in women’s sports.

This week’s Texas court case takes a new approach, arguing creatively that the NCAA violates the state’s consumer protection laws when it promotes products and services associated with women’s sports events that include male players.

“That only biological women will compete in the events is an important reason consumers choose to support women’s sports,” Paxton said in a statement announcing the lawsuit:

By falsely marketing and selling competitions as ‘women’s’ sports only to provide a mixed sex event, the NCAA violated the Texas Deceptive Trade Practices Act which exists to protect consumers from businesses attempting to mislead or trick them into purchasing goods or services that are not as advertised.

The NCAA also misleads consumers by failing to identify which athletes in its ‘women’s’ competitions are in fact men, the lawsuit says.

AG Paxton asked the court to prohibit the NCAA from allowing biological males to compete in women’s sporting events or, alternatively, to require them to stop referring to events where males are allowed to compete as “women’s” sporting events.

The Texas lawsuit was filed just a few days after NCAA President Charlie Baker appeared to testify in the Senate. When the topic turned to transgender athletes, Louisiana Senator John Kennedy slammed him for his failed leadership: “Your job is to promote fairness in collegiate sports,” he reminded Baker. “Why do you support allowing transgender women who are biological males to compete against non-transgender biological females?”

In what came across as a mealymouthed response, Baker explained that “under the current dynamic, there is not clarity on this issue legally.”

He’s not all wrong, though. Over the past year, states divided over whether to bar the Biden administration’s proposed changes to Title IX that would allow biological men into women’s spaces.

But by the end of the summer, the trend was not good for Biden. Several states sought and received preliminary injunctions against the rule changes, arguing among other things that they exceeded the bounds of the statutory text enacted by Congress, as Jim Nault wrote recently here.  In August, the US Supreme Court held that state injunctions blocking the new rules could stay in place. The Court’s decision was a promising sign that, on full review, it would side with the states.

Finally, last week—two days before the Texas lawsuit was filed—the Department of Education caved, announcing it was officially withdrawing the proposed changes in light of the lawsuits challenging them. It was a celebrated win in the fight to protect women’s sports from the gender insanity—and all the legal “clarity” the NCAA should need to walk back its own transgender policy.

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Joe-dallas | December 26, 2024 at 12:26 pm

Correct me if wrong – Though my recollection is that the Biden adminstration withdrew the Title IX regs a few weeks ago that would have required schools to allow boys in girls sports

What can a young man do who doesn’t hack it in men’s sports? Join a women’s team and play against women.

Even if he doesn’t win anything, he can go into the women’s locker room, drop his shorts and yell, “Tally ho!”


 
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JohnSmith100 | December 26, 2024 at 2:11 pm

I have little use for jockism, in that there is a staggering amount of fraud associated with it.

K-12 and up, there is tremendous pressure on teachers to promote jocks so that they could continue to play.

Then there is the issue of washed up jocks who become coaches and then administrators.

Regardless of all the problems with sports, females should not have to compete with males. This is an injustice, and as we have seen, very dangerous for women.

I am not a lawyer, of course, but I really like this approach from the Texas A.G.

AG Paxton asked the court to prohibit the NCAA from allowing biological males to compete in women’s sporting events or, alternatively, to require them to stop referring to events where males are allowed to compete as “women’s” sporting events.

What do you think the Defense argument will be?

Fortunately for me, I still have some popcorn left over from watching the elections…


 
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henrybowman | December 26, 2024 at 2:39 pm

“In what came across as a mealymouthed response, Baker explained that “under the current dynamic, there is not clarity on this issue legally.”

Well, without the benefit of the high-priced lawyers this fellow undoubtedly has, I also would have significant concern that banning men from women’s sports I sponsored would put me squarely into the legal crosshairs of this administration.

With the benefit of these lawyers, if they too were of the same opinion, he should at least be able to cite chapter and verse of why they fear this.


     
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    CommoChief in reply to henrybowman. | December 26, 2024 at 3:54 pm

    Not 100% but I believe good odds the average jury would be unimpressed with arguments that a biological male belongs in Women’s Sporting events, particularly a biological male who isn’t fully transitioned aka still has intact male sexual organs. I know I would be wondering about the depth of that dude’s commitment if he hadn’t cut off his junk. If he ain’t fully committed to his cosplay then why should a jury or anyone else take it seriously?


       
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      Dolce Far Niente in reply to CommoChief. | December 26, 2024 at 5:14 pm

      If, indeed this guy is weird enough to sexually mutilate himself, it makes him crazy enough to be even less suitable to be in company with young women than the hack-but-intact male athlete..

      I don’t care how “committed” these nutbars are; nothing will turn them into girls and there is no circumstance which makes men in women’s spaces appropriate or fair.


         
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        CommoChief in reply to Dolce Far Niente. | December 26, 2024 at 7:10 pm

        If the dude is committed enough to his cosplay to cut off his junk then I am at least willing to hear him out. Without that level of commitment then IMO, he hasn’t demonstrated the depth of personal commitment to the degree that others should even listen to him much less alter the rest of the world on behalf of his cosplay.

        This stance would pretty well end the issues of biological males in women’s sports or spaces b/c only miniscule # of these dudes are willing to cut off their junk. Note that I didn’t argue this transforms them into women but that doing so is the minimum to hear out their requests. No certainty implied their requests will be granted, just listened to.


 
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ConradCA | December 27, 2024 at 2:34 am

No one can trans a person with XY chromosomes into one with XX chromosomes. Trans women are just men pretending to be women. There is no reason to allow these men to play women’s sports.

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