The clock is ticking for the NCAA to change its trans policy and protect women’s sports
When the NCAA meets in Nashville, January 14-17, will NCAA President Charlie Baker lead a charge to change course in women’s sports? This year’s annual meeting convenes at a pivotal moment. Donald Trump is about to be sworn in as the nation’s 47th president – a victory won in good measure on this issue. A Republican majority Congress is lining up votes on the Protection of Women and Girls in Sports Act.
It seems the handwriting is on the wall for the NCAA to disband its destructive trans-inclusion agenda in women’s sports. Baker has the chance to seize the moment and turn the page on the drama, renewing the NCAA’s commitment to female athletes.
But judging by his recent appearance at a Senate hearing on sports gambling, the odds aren’t great. Baker left an unmistakable impression that his message to female athletes has nothing to do with committing to a solution, but rather shirking responsibility.
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"Frankly, my dear, I don’t give a damn."
Now that a federal court in Kentucky has issued a nationwide judgment against the Biden administration’s rewrite of Title IX, maybe he should. For over a decade the NCAA has been clinging to a progressive crusade to change "sex" to mean a self-defined "gender" under Title IX. What was just struck down in federal court has been the NCAA’s key defense for propping up its policy and its arguments in court.
The chance that the NCAA could now lose two landmark female athlete lawsuits directly challenging its trans-policy has increased dramatically. You’d think Baker would be looking for the nearest off ramp by rallying his member institutions to approve restoring women’s sports for women only.
The convention agenda suggests nothing of the sort. Baker will try to make a case that he and the governing board care about women’s sports by highlighting a notable rise in viewership of women’s college sports and the addition of women’s wrestling to the collegiate lineup as wins for women.
These successes cannot be mistaken for progress. The NCAA might claim they’re adding a new "women’s" sport, but NCAA women’s wrestling will use the lax testosterone reduction standard defined by USA Wrestling, allowing males to be eligible to wrestle as "women."
Progress should be defined by what happened for female athletes competing under the banner of the National Association of Intercollegiate Athletics (NAIA). The NAIA governing body has acted with clarity and common sense by unanimously adopting a trans-participation policy stating that women’s sports are only for athletes whose natal sex is female. No males identifying as women can compete in NAIA-sponsored female sports, ensuring the safety and fairness of competition for all women.
During his most recent appearance on Capitol Hill, Baker appeared unmoved when pressed about the NCAA flouting federal law by prioritizing access of males in women’s competition and locker rooms over the rights and safety of female athletes.
Baker’s reply? if women athletes have a problem with males in their spaces – women have the option to seek alternatives.
Baker proceeded under oath to mislead senators, claiming five federal courts constrain the NCAA to keep its trans participation policy in force. The truth is no federal court has ever ruled on the legitimacy of the NCAA’s trans policy in college sports.
Baker also claimed that "fewer than 10" trans athletes are competing in the NCAA. There’s no way to fact-check such a number because the NCAA won’t disclose who is competing as a trans-identifying athlete.
The NCAA also denies the reality that dozens of female collegiate athletes are put at greater risk of physical injury and lose competition opportunities, placements and records when just one trans-identifying male like Lia Thomas competes as a woman, bumping teammates and competitors out of events, off podiums and out of the record books.
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What Baker and the NCAA have never admitted is that the NCAA’s radical transgender policy was never legitimate. The NCAA holds no license to redefine the plain meaning of "on the basis of sex" in college sports or erase sex discrimination protections under Title IX that all of its member schools receiving federal funds must obey.
The NCAA’s losing battle is facing an even harsher spotlight in the court of public opinion. Courage has become common as female athletes, coaches and parents are standing up for women’s rights and against the abuse of school administrators and sports institutions.
This is the story of the first-ever forfeits by Boise State University and others in the Mountain West, and the University of Nevada women’s volleyball team that refused to play against San Jose State University rostering a male player on the team.
Instead of having the backs of female athletes, the NCAA has dumped an unjust and misplaced trans-agenda on the backs of women, admitting now that it has "not conducted any research" concerning the harms of its trans-inclusion policy on female athletes.
Baker has a chance to change course. Will he take it?