March 17 (UPI) — The NCAA has been sued by 16 women over its transgender participation policies, an unprecedented action in the world of collegiate sports. The female athletes claim that Title IX, the law that forbids discrimination based on sex if an organization receives federal funding, threatens the existing rules.
Reka Gyorgy, a Virginia Tech University swimmer, said in a letter to the NCAA on March 20, 2022, that she swam the 500 free three days earlier and placed 17th, which means she didn’t make it back to the finals.
“I’m a 5th-time top,” Gyorgy had said in the email. “This is my last college meet ever and I feel frustrated.
It seems like the NCAA made the decision to allow someone who is not a natural female to compete in that last spot. It hurts me, my team, and different people in the pool.”
The NCAA Board of Governors’ decision in January 2022, which stated that trans athletes may compete in the group of their affirmed sex on a sport-by-sport basis, led to the complaint. The NCAA stated at the time that this decision “balances fairness, inclusion, and safety for all who compete with the rights of transgender student-athletes.”
The lawsuit criticizes the use of Title IX by the NCAA and contends that the organization is not impartially enforcing the law.
“Each defendant’s story demonstrates the harm being done to girls that benefits from the NCAA’s dramatic exit from Title IX’s original meaning,” the suit alleges.
The NCAA has long behaved as if it were the sole arbitrator of Title IX’s significance in school athletics. It issues and implements eligibility guidelines for undergraduate sports that violate the fundamental principle of equitable treatment for women… The NCAA and its members are required to follow the law and not be above it.
The defendants in the lawsuit contend that they “bring this case to secure for future generations of women the promise of Title IX that is being denied them and other college people,” in activities that range from swimming to sports to track and field.
The complaint highlights an incident at the 2022 NCAA national swimming championship — weeks after the NCAA’s initial ruling — that involved swimmer Riley Gaines, then at the University of Kentucky, and Lia Thomas, a transgender swimmer at the University of Pennsylvania.
Gaines claimed an NCAA official had told her that only Thomas would be permitted to hold the fifth-place trophy after Gaines and Thomas were tied for fifth place in the 200-freestyle competition.
Gaines alleges in the lawsuit that when she questioned the NCAA official, she was told, “I’m so sorry, we have been advised that when photos are taken it is crucial that Lia Thomas holds the trophy,” the suit alleges.
“The secret of Thomas’ meteoric ascendance and dominance in NCAA women’s swimming was retained male advantage,” the lawsuit continues. Thomas competed in the men’s category before the NCAA’s ruling.
The plaintiffs want an equal and fair chance of succeeding, they say. “For everybody to be equal at the starting line,” William Bock, the lead attorney in the lawsuit, said.
“We’re not just fighting for ourselves, we’re fighting for every young girl who dreams of competing in sports,” said Gaines in a press release from the Independent Council on Women’s Sports. “I’m appreciative of ICONS’ commitment to our cause, especially given that they provided the funds needed to bring this case to court. Anyone who cares about preserving women’s sports is asked to help put this all behind us.”
ICONS stated that it has an online petition and is looking for supporters to donate to its website in order to pay for the lawsuit.
It stated that it would make use of “resources and networks to defend the rights of these athletes and all sports women.”
“This isn’t just a legal battle, it’s a moral stand for equality and justice in sports,” the press release said.
ICONS has a strong and diverse network of supporters among its backers, including current and former collegiate and professional female athletes, as well as their families and a sizable support network.
Women are in an impossible situation with the NCAA, both in the locker room and during competition. Swimming instructor Kylee Alons said, “I don’t want another woman to be exposed to the same situation I faced.” This lawsuit is our commitment to what’s right, ensuring that the accomplishments of female athletes are celebrated and respected on an equal playing field. I am glad to be a part of this.”
“Trans people don’t transition for athletics. Thomas told ABC News after winning the 2022 Division 1 National title, “we transition to be happy, authentic, and our true selves.” Transitioning to gain an advantage is not a factor in our choices at all.
“I was aware that if I competed as a woman, I would face scrutiny.” I was prepared for that,” Thomas said. “But I also don’t need anybody’s permission to be myself and to do the sport that I love.”
