NCAA responds as critics call out potential loopholes in its new trans-athlete policy
The NCAA's amended gender eligibility policy has come under scrutiny by women's rights activists over apparent loopholes that some argue would continue to allow biological males to compete in women's sports.
The NCAA changed its policy on Feb. 7 to comply with President Donald Trump's recent "No Men in Women's Sports" executive order, which was signed on Feb. 6. The new policy, which reversed a previous policy that had been in place since 2010 allowing trans athletes in women's sports, now states "a student-athlete assigned male at birth may practice on an NCAA women's team and receive all other benefits applicable to student-athletes."
The policy stated that "a student-athlete assigned male at birth may practice on an NCAA women's team and receive all other benefits applicable to student-athletes."
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Many critics have insisted this policy does not go far enough or establish clear enough barriers to protect women's athletes in the college ranks. The most common criticism has been that the policy allegedly allows trans athletes to bypass the restriction by changing the gender on their birth certificate.
In the U.S., 44 states do allow birth certificates to be altered to change a person's birth sex. The only states that do not allow this are Florida, Texas, Kansas, Oklahoma, Tennessee and Montana. Meanwhile, there are 14 states that allow sex on a birth certificate to be changed without any medical documentation required, including California, New York, Massachusetts and Michigan.
"It offers no protection for women, doesn't follow federal law, and removes all NCAA accountability. It explicitly allows men on women's teams and defines levels of participation based on changeable birth certificates," Independent Council for Women's Sports co-founder Kim Jones told Fox News Digital of the NCAA's new policy.
"There is nothing in this policy keeping men out of women's sports. Go back and start again. Women need a policy that defines women's sports exclusively for women and upholds screening with NCAA accountability."
Former U.S. gymnast and founder of XX-XY Athletics Jennifer Sey echoed the concerns over changeable birth certificates.
"It sets no clear boundary to retain the integrity of women’s sports. All that is needed to provide "proof" of being female is a birth certificate which can be altered in 44 states. The policy is filled with loopholes and is not in compliance with the executive order or what is right and just. The NCAA is not protecting female athletes or women’s sports," Sey told Fox News Digital.
The NCAA's policy on its website offered no clarity about birth certificate alterations. However, an NCAA spokesperson has told Fox News Digital that the governing body will not allow trans athletes to compete in the women's category based on changed birth certificates.
"The policy is clear that there are no waivers available, and athletes assigned male at birth may not compete on a women’s team with amended birth certificates or other forms of ID," the spokesperson said.
Regarding trans athletes practicing on a women's team, the NCAA considers male practice players a "staple" of women's sports.
"Male practice players have been a staple in college sports for decades, particularly in women’s basketball and the Association will continue to account for that in the policy," the spokesperson said.
However, the benefits that are extended to trans athletes practicing on a women's team does not include scholarships, a source familiar told Fox News Digital.
These specifics are not currently outlined on the official NCAA policy page, as it makes no specific references to birth certificate or ID amendments, or women's scholarships going to trans athletes.
Whether the NCAA makes an official update to address these criticisms has yet to be determined.
The previous policy that enabled trans athletes to compete and share locker rooms with women for nearly a decade and a half has prompted multiple lawsuits and now even federal investigations.
Former University of Kentucky women's swimmer and current conservative activist Riley Gaines is currently leading a lawsuit against the NCAA over its previous policy on gender eligibility. That lawsuit cites her and others' experience competing against transgender University of Pennsylvania swimmer Lia Thomas in 2022.
Three of Thomas' former UPenn teammates have filed their own lawsuit against the NCAA, the Ivy League, UPenn and Harvard over their experience in sharing a team and locker room with Thomas in the 2021-22 season.
Former San Jose State University volleyball player Brooke Slusser is currently leading a lawsuit against her school and the Mountain West Conference over its handling of trans athlete Blaire Fleming.
Both UPenn and San Jose State are now under investigation by the U.S. Department of Education for potential Title IX violations that occurred under the institutions' handling of Thomas and Fleming.
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