Texas Attorney General Ken Paxton has requested a temporary injunction against the National Collegiate Athletic Association to require gender screening for student-athletes.
As previously reported by The Dallas Express, Paxton filed a lawsuit against the NCAA in December for allegedly violating the Texas Deceptive Trade Practices Act. The act is designed to protect state residents from being deceived by false advertising.
The NCAA has since changed its policies to dictate that only athletes who were assigned female at birth could participate in female sports. This change came in response to an executive order signed by President Donald Trump in January.
Paxton believes the policy change should be tighter.
The Attorney General wrote in an application for a temporary injunction that the NCAA should be required to gender screen athletes to confirm which gender was assigned at birth.
“And, 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,” he stated in the filing.
The Office of the Attorney General wrote in a news release about the filing that requiring gender screening would “prevent the NCAA from falsely and deceptively claiming that only biological women may participate in female-specific competitions while litigation is ongoing.”
“The NCAA’s sleight of hand is designed to intentionally deceive consumers into believing that biological men are no longer allowed to participate in women’s sports,” stated Paxton in the release.
“Far from aligning with President Trump’s executive order or basic reality, the NCAA’s new policy treats sex as a changeable characteristic determined by a birth certificate instead of biology. I am asking the court to enjoin the NCAA from continuing these deceptive schemes and protect women’s sports.”
The NCAA has responded to Paxton’s previous claims by denying the allegations that male athletes compete in women’s sports.
“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,” stated an NCAA spokesperson, as reported by AOL.
Although student-athletes who were “assigned male at birth” may not compete at the NCAA level, the association wrote that these athletes are eligible to “practice on the team consistent with their gender identity and receive all other benefits applicable to student-athletes who are otherwise eligible for practice,” per AOL.