March 17 (UPI) — The NCAA has been sued by 16 women over its transgender participation policies, an unprecedented action in the world of collegiate sports. The female athletes claim the current rules threaten their rights under Title IX, the law that prohibits discrimination based on sex if an institution receives federal funding.
Reka Gyorgy, a Virginia Tech University swimmer, said in a letter to the NCAA on March 20, 2022, that she swam the 500 free three days earlier and placed 17th, which means she didn’t make it back to the finals.
“I’m a 5th-year senior,” Gyorgy had said in the letter. “This is my last college meet ever and I feel frustrated.
“It feels like that final spot was taken away from me because of the NCAA’s decision to let someone who is not a biological female compete … It hurts me, my team and other women in the pool.”
The lawsuit comes after the January 2022 ruling by the NCAA Board of Governors that ruled transgender athletes can compete in the category of their affirmed gender on a sport-by-sport basis. The NCAA said then that this ruling “preserves opportunity for transgender student-athletes while balancing fairness, inclusion and safety for all who compete.”
The suit takes aim at the NCAA’s application of Title IX and argues that the association is not objectively applying the law.
“Each plaintiff’s story demonstrates the harm being done to women that results from the NCAA’s radical departure from Title IX’s original meaning,” the suit alleges.
“The NCAA has long acted as if it were the sole arbiter of Title IX’s meaning in college sports. It issues and enforces eligibility rules in collegiate sport which undermine the foundational principle of equal treatment for women … The NCAA and its members are not above the law and must comply with it.”
The plaintiffs in the suit compete in sports that run the gamut, including swimming, soccer and track and field, and argue in the lawsuit that they “bring this case to secure for future generations of women the promise of Title IX that is being denied them and other college women.”
The complaint highlights an incident at the 2022 NCAA national swimming championship — weeks after the NCAA’s initial ruling — that involved swimmer Riley Gaines, then at the University of Kentucky, and Lia Thomas, a transgender swimmer at the University of Pennsylvania.
Gaines and Thomas had tied for fifth in the 200 freestyle competition, but Gaines said she was told by an NCAA official that only Thomas would be allowed to hold the fifth-place trophy.
Gaines alleges in the lawsuit that when she questioned the NCAA official, 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 suit alleges.
“The secret of Thomas’ meteoric ascendance and dominance in NCAA women’s swimming was retained male advantage,” the lawsuit continues. Thomas competed in the men’s category before the NCAA’s ruling.
“What the plaintiffs are really after is an equal and fair opportunity to succeed. For everybody to be equal at the starting line,” William Bock, the lead attorney in the lawsuit, said.
“We’re not just fighting for ourselves, we’re fighting for every young girl who dreams of competing in sports,” said Gaines in a press release from the Independent Council on Women’s Sports. “I’m thankful for ICONS’ commitment to our cause, especially their financial commitment allowing us to take this to court. I urge anyone who cares about protecting women’s sport to help get behind us.”
ICONS said it is fully committed to paying for the lawsuit and has an online petition and solicits contributions from supporters on its website.
It said it will leverage “resources and networks to champion the rights of these athletes and all women in sports.”
“This isn’t just a legal battle; it’s a moral stand for equality and justice in sports,” the press release said.
ICONS has a powerful and expansive network of advocates among its backers, including current and former collegiate and professional female athletes, alongside their families and a vast circle of supporters.
“The NCAA has put women in an impossible situation both in competition and in the locker room. I don’t want another woman to be exposed to the same situation I faced,” said swimmer Kylee Alons. “This lawsuit is our stand for what’s right, ensuring that the achievements of female athletes are celebrated and respected on an equal playing field. I am glad to be a part of this.”
“Trans people don’t transition for athletics. we transition to be happy and authentic and our true selves,” Thomas told ABC News after winning the 2022 Division 1 National title. “Transitioning to get an advantage is not something that ever factors into our decisions.
“I knew there would be scrutiny against me if I competed as a woman. I was prepared for that,” Thomas said. “But I also don’t need anybody’s permission to be — myself and to — to do the sport that I love.”
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