A Texas judge ruled on Tuesday night against a court order that sought to force NCAA to implement mandatory gender evidence to keep trans athletes out of women’s sports.
Lubbock County Judge Les Hatch, Republican, presided over a hearing presented by Texas Attorney General Ken Paxton, who sued the NCAA for his recent revised gender eligibility policy.
The NCAA reviewed its policy in February to comply with the executive order of President Donald Trump to prohibit trans athletes of women’s sports and girls, now ruling that any biological male athlete is not eligible to compete in the women’s category. However, Paxton and many women’s rights activists argued that politics does not do enough to keep trans athletes out of women’s sports, and mandatory gender tests are necessary to enforce the prohibition.
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Paxton joined three former collegiate athletes of women affected by trans inclusion. The former volleyball player of the State University of San José, Brooke Slusser, the former swimmer of the University of Kentucky Kaitlyn Wheeler and former Alons Kylee of the State University of North Carolina, sharing his own experiences of having to compete with Trans athletes.
Slusser shared his experience of having to share a team, a wardrobe and a bedroom with former teammate Blaire Fleming, while Wheeler and Alons shared their experiences competing with the former swimmer from the University of Pennsylvania, Lia Thomas.
However, Paxton’s arguments and the testimonies of athletes were not enough to convince Hatch to govern in favor of the court order.
The NCAA provided a statement to Pak Gazette Digital by directing Tuesday’s ruling.
“The Trump Administration has made it clear that the new NCAA policy is consistent with the maintenance of men outside the women’s sports executive order. The NCAA looks forward to another championship season that is launched for thousands of athletes students who compete for national titles,” reads the statement.
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Trump himself has not commented on the controversy surrounding the lack of gender evidence in the NCAA. The president last addressed the NCAA policy with praise after he was amended in a social position of truth on February 6.
“Due to my executive order, which I signed with pride yesterday, the NCAA has officially changed its policy of allowing men in women’s sports, now it is prohibited! This is a great day for women and girls throughout our country,” Trump wrote.
Critics of the current NCAA policy have argued that depending on birth certificates could allow trans athletes to access women’s competition through modified birth certificates.
In the United States, 44 states allow altering birth certificates to change the birth sex of a person. The only states that do not allow this are Florida, Texas, Kansas, Oklahoma, Tennessee and Montana. There are 14 states that allow changing sex in a birth certificate without required medical documentation, including California, New York, Massachusetts and Michigan.
The NCAA said that Pak Gazette Digital Birth certificates will not be accepted as sufficient evidence to compete in women’s sports.
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Meanwhile, Slusser’s mother, Kim Slusser, who also testified at the audience, told Pak Gazette Digital that Hatch’s ruling was a “disappointment”, but he plans “to continue fighting.”
“All our little battles, which are not small battles, are big for us, I feel that we lose a little on the road, and unfortunately I felt like this. I thought ‘Oh, it will be another’, and effectively it is,” said Kim Slusser. “But we continue to fight, we continue, we know that we are going to win the big one at the end, and it is a disappointment. It is a disappointment.”
Brooke Slusser is dedicated to two separate demands on the alleged situation in the state of San José. He has joined another lawsuit against the NCAA about his previous gender eligibility policy together with Alons, Wheeler and directed by Riley Gaines. In addition, Slusser also leads a lawsuit against SJSU and the Mountain West conference along with 10 other conference players and its former assistant coach Melissa Batie-Smoose for the management of Fleming.
Paxton also leads another lawsuit against the NCAA about its previous policy. Paxton filed that demand in December, accusing NCAA of “participating in false, misleading and misleading practices by marketing sporting events such as ‘women’ competitions only to provide consumers to mixed sex contests where biological males compete against biological women.”
