A group of women's college athletes affected by transgender inclusion testify Tuesday in a legal battle between the NCAA and Texas.
After the NCAA changed its gender eligibility policy to prevent biological men from competing for women's sports and prevent them from following President Donald Trump's February 5 executive order, many parent-child liaison activists are concerned enough to keep the new policy out of trans athletes.
In late February, Texas Attorney General Ken Paxton sued the NCAA for a recent revised policy, demanding that governing bodies begin screening for mandatory gender.
The first hearing of the lawsuit was Tuesday, and includes testimony from former San Jose State volleyball player Brooke Slisser and mother Kim Slisser, former North Carolina State University Kylie Aron and former University of Kentucky Swimmer Caitlin Wheeler.
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These athletes have already been involved in another lawsuit led by Riley Gaines and the Independent Council on Women's Sports (Icon).
Slusser is the latest in a group joining the fight against trans inclusion in women's sports after joining the Gaines lawsuit in September over her experience with transgender teammate Blaire Fleming. Slusser claims that SJSU did not reveal Fleming's birth sex.
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Aron, a 31-time national and two-time NCAA champion, shared a locker room and pool with former University of Pennsylvania transgender swimmer Lia Thomas at the 2022 NCAA Championship.
Currently, three athletes are trying to share their experiences in court as they bring mandatory gender tests to the NCAA and try to prevent future female athletes from experiencing similar experiences.
Paxton's lawsuit reflects many of the complaints from critics, and believes current policies are too generous and that trans athletes can compete for women's sports with revised birth certificates.
Texas Attorney General Ken Paxton will speak at a press conference held in Dallas on June 22, 2017. (AP Photo/Tony Gutierrez, file)
In the US, 44 states change birth certificates to change a person's birth sex. The only states that do not allow this are Florida, Texas, Kansas, Oklahoma, Tennessee and Montana. There are 14 states, including California, New York, Massachusetts, and Michigan that allow you to change the gender of your birth certificate without the need for medical documents.
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“In fact, the lack of NCAA sex screening allowed (and continues to allow) biological men to secretly participate in the “female” sports category,” the lawsuit states. Additionally, Paxton argues that the NCAA “gives sufficient opportunities for biological men to change their birth records and participate in women's sports.”
Paxton filed a lawsuit against the NCAA in December over its previous policy. In that lawsuit, Paxton accused the NCAA of “engaging in false, deceptive, and misleading practices by marketing sporting events as a “women's” competition. “They then provide consumers with a mixed competition in which biological men compete with biological women.”
“The NCAA intentionally and deliberately transforms women's competition into coed competition, deliberately putting women's safety and happiness at risk,” Paxton said in a statement. “For example, when you watch a female volleyball game, you expect to see a woman playing against another woman, rather than pretending that it isn’t.
The NCAA has addressed the criticism to Fox News Digital and provided a statement claiming that the revised birth certificate is unacceptable.
“This policy makes it clear that there is no exemption and student-athletes assigned at birth may not compete on women's teams with revised birth certificates or other forms of ID,” the statement said. “Male practice players have been a staple in college sports for decades, especially in women's basketball, and the association will continue to explain this in policy.”
These details are not outlined on the official NCAA policy page and do not provide specific references to women's scholarships going to a birth certificate, ID revision, or to transathlete.
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