Texas Attorney General Ken Paxton has filed a lawsuit against the NCAA over its marketing practices, seemingly a new angle in the fight to exclude biological males from women's sports.
Paxton announced in a press release that the NCAA makes sporting events appear to be women-on-women competitions, when in fact men are participating.
The NCAA cited “false, deceptive, and misleading practices for promoting sporting events as “for women'' competitions and then offering consumers mixed-gender sports in which biological males and biological females compete.'' ” said the press release. said.
The statement further said that watching biological women compete against each other is an “important reason” why consumers choose to watch or participate in such contests. The announcement said the NCAA violated the Texas Deceptive Trade Practices Act by falsely promoting and marketing its competitions as “women's” sports while offering “mixed gender events.” He added that there is.
Additionally, Paxton said the NCAA is misleading consumers by not disclosing which athletes in the women's competition are actually men.
Paxton asked the court to grant a permanent injunction prohibiting the NCAA from allowing men to participate in women's sports when they are in Texas or involve Texas teams.
Another appropriate outcome would be to require the NCAA to stop marketing women's sporting events themselves if they do indeed field men on women's sports teams. In that case, those events would or should be called “mixed competitions.”
“There is no radical 'gender theory' in college sports.”
in court filingthe lawsuit cited other precedents of false advertising over the years. This includes a 1980 case involving misrepresentation in the sale of boats. In this case, the seller of a used boat claimed that the vehicle was in “perfect condition” and “like new” when it wasn't.
A 2022 Sony Music Entertainment lawsuit was also cited, in which consumers accused Sony of misleading consumers by falsely representing Michael Jackson as a musician whose songs were included on albums released after his death. He claimed that he had misled him.
These quotes are used as examples of when a product's description is not what it says it is. The complaint went on to claim that the presence of biological males in women's sporting events “fundamentally changes the character, use, and benefits of those events.”
Paxton said the NCAA is intentionally and knowingly jeopardizing the safety of female athletes and deceptively changing women's competition to be co-ed.
She added: “For example, when people watch a women's volleyball game, they want to see women playing against other women, but they don't want to see biological men pretending to be something they're not. “There is no room for radical 'gender theory' in university sports.”
Unsurprisingly, NCAA women's volleyball has been at the center of this gender-based controversy, with San Jose State facing a boycott during the 2024 season for including male players on its women's team.
NCAA President Charlie Baker, who recently came under fire from Republican senators over the issue, cited “federal standards” as the reason for the lack of NCAA policies barring men from women's sports.
However, Sen. Dick Durbin (D-Ill.) supports the NCAA, noting that fewer than 10 transgender athletes are active in college sports.
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