More than a few female athletes have filed a lawsuit against the National Collegiate Athletic Association over its transgender participation policy, which they claim violates Title IX, the federal law prohibiting discrimination based on sex at any institution receiving federal funding.
The NCAA Board of Governors’ decision, which allows trans athletes to compete in the class of their affirmed sex on a sport-by-sport basis, is the subject of the complaint. The NCAA claimed that this decision “aims to preserve opportunity for transgender student athletes while balancing fairness, inclusion, and safety for all who compete.”
16 female athletes from different sports, including track and field, soccer, and swimming, filed the lawsuit this week, claiming in the petition that they “bring this case to secure for future generations of women the promise of Title IX that is being denied to them and other college athletes.”
“A lot of people ask us why we took so long to file a complaint,” we ask. “Well, we waited this long to give the NCAA every chance to make the right decision,” Kaitlynn Wheeler, a former University of Kentucky diver, told ABC News.
“The NCAA’s most basic task is to protect the fairness and the health of its athletes, and it has failed on that fundamental task,” Wheeler said.
University of Pennsylvania swimmer Lia Thomas and University of Kentucky swimmer Riley Gaines react in this March 18, 2022, file photo at the McAuley Aquatic Center in Atlanta after placing third and fourth overall in the 200 Freestyle championships.Rich Von Biberstein/Icon Sportswire via AP, FILE
The issue centers on an alleged incident between former University of Kentucky swimmer Riley Gaines and transgender swimmer Lia Thomas at the 2022 NCAA national swimming tournament, which took place months after the NCAA’s decision.
In the 200 free competition, Gaines and Thomas were tied for fifth place, but according to the lawsuit, an official from the NCAA informed them that only Thomas would be permitted to hold the fifth-place trophy as they prepared for the podium ceremony.
Gaines claims in the lawsuit that she questioned the official after the complaint claimed that 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 secret of Thomas’ meteoric rise and dominance in NCAA women’s swimming was retained male advantage,” the lawsuit alleges. Thomas had previously competed in the men’s category prior to the NCAA’s decision.
“What the plaintiffs are really looking for is an equal and fair chance to compete,” the statement goes. “For everyone to be equal at the starting line,” William Bock, the lead attorney in the lawsuit, told ABC News.
In this Jan. 12, 2023, file photo, former University of Kentucky swimmer Riley Gaines, second from right, stands during a rally outside of the NCAA Convention in San Antonio, Texas. More than a dozen college athletes, including Gaines, filed a lawsuit against the NCAA on March 14, 2023, alleging that Lia Thomas’ participation in national championships in 2022 had violated her Title IX rights.Darren Abate/AP, FILE
The NCAA stated in a statement that although “it does not comment on pending litigation,” the Association and its members will continue to support Title IX, make unprecedented investments in women’s sports, and ensure fair competition in all NCAA championships.
Following the University of Pennsylvania swimmer’s historic Division 1 National title win, Lia Thomas and Juju Chang sat down for an interview in 2022.
“Trans people don’t transition for athletics. We transition to be happy, whole, and our true selves,” Thomas told Chang. “Transitioning to gain an advantage is not something that ever plays a role in our decisions.”
“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.”
Thomas did not immediately respond to ABC News’ requests for comment on the lawsuit.
Athlete Ally, the nonprofit LGBTQ athletic advocacy group, stated in a statement that Dr. Anna Baeth, director of research, believes that the most recent research from advocacy groups and “high standards of sport” demonstrate that transgender athletes do not have an inherent advantage in sport and should be recognized and celebrated in NCAA sport.
