Texas AG Ken Paxton’s NCAA Lawsuit Amplifies UNR Volleyball Stand on Transgender Athletes

Posted By

Just before Christmas, Texas Attorney General Ken Paxton filed a high-profile lawsuit against the NCAA, reigniting the national conversation over transgender athletes in women’s sports.

Filed under Texas’ Deceptive Trade Practices Act, the suit claims the NCAA is misleading sports fans by allowing transgender women, whom Paxton refers to as “biological males,” to compete in women’s events.

In a statement, Paxton said:

“Texans deserve truth in advertising. The NCAA is undermining women’s sports by ignoring the fundamental biological differences that ensure fair competition.”

In his statement, Paxton appeared to reference the recent controversy involving San Jose State women’s volleyball, where several opponents forfeited matches this season on the grounds that the Spartans had a transgender player. This included the University of Nevada, Reno (UNR).

Paxton wrote:

“When people watch a women’s volleyball game, for example, they expect to see women playing against other women, not biological males pretending to be something they are not. Radical ‘gender theory’ has no place in college sports.”

Nevada’s Stand Against the NCAA

The national debate hit close to home in Nevada last November when the women's UNR volleyball team made headlines by forfeiting their match against San Jose State University. The team refused to compete after learning a transgender athlete would be playing for their opponents.

This bold decision was backed by Governor Joe Lombardo,  the GOP's U.S. Senate nominee Captain (ret.) Sam Brown and former collegiate swimmer turned women's sports advocate Riley Gaines.

Melissa Clement, a Nevada resident who attended Gaines’ rally at UNR in October to support women’s sports, defended the team’s decision.:

“Men are stronger, they’re built differently, and this transgender athlete may have taken hormones, may have done whatever, but that doesn’t mitigate the fact that the athlete has a build that’s different, and that doesn’t go away.

When they take away women’s scholarships (and) women’s positions on sporting teams, and invade the privacy of the locker room, that is criminal. I’m sorry. Men who parade around in women’s face, that’s no different than how upset we get with blackface. It’s the same thing I see.”

The forfeit came with consequences. Nevada lost the match by default, missing out on a chance to advance in their conference standings.

Yet for the players and their supporters, the principle of integrity in women's completion outweighed the penalty.

The UNR volleyball team’s decision has inspired similar stands across the country. High school teams in several states have followed suit, refusing to compete against teams with transgender athletes.

The Broader Debate

The question of transgender participation in women’s sports has divided public opinion. Supporters of inclusion argue that transgender women are women and should have equal opportunities to compete. They cite research suggesting that hormone therapy reduces athletic advantages over time.

Conservatives, however, remain skeptical. They point to cases like Lia Thomas, the transgender swimmer who dominated NCAA women’s swimming events, as evidence of unfairness.

The Stakes for Women’s Sports

For many conservatives, the integrity of women’s sports is at risk. Title IX, the landmark law ensuring equal opportunities for women in sports, was designed to give female athletes the chance to compete without barriers.

In a 2023 interview, Gaines told Decision Magazine:

It’s not inclusive to allow a man onto our podiums. It’s actually exclusive to the very female athletes Title IX was passed to protect.

Critics of Paxton’s approach often dismiss these concerns as overblown. They note that transgender athletes are a tiny fraction of the NCAA’s 510,000 competitors and argue that their participation poses no real threat to women’s sports.

But for those who support Paxton’s lawsuit and UNR's volleyball team, the principle is clear: even one unfair advantage can erode the progress women have made in athletics.

What Comes Next?

The outcome of Paxton’s lawsuit could set a precedent for how transgender athletes are treated nationwide. If successful, the case could force the NCAA to either ban transgender athletes from women’s sports or relabel competitions to specify biological sex.

Such a ruling would have far-reaching implications, potentially influencing policies at every level of sports, from high schools to professional leagues.

As the NCAA and states grapple with these challenges, one thing is certain: the fight for fairness in women’s athletics will continue to be a defining issue in the years to come.

This article was written with the assistance of AI. Please verify information and consult additional sources as needed.