Texas attorney general Ken Paxton sues NCAA over its pro-transgender policies
Ken Paxton has been criticised for his legal attacks on the LGBTQ+ community in the past. (Getty)
Texas Attorney General Ken Paxton has taken aim at the transgender community yet again after suing a sports organisation over its commitment to trans rights.
The 62-year-old Republican announced on Sunday (22 December) that his office had filed a legal complaint against the National Collegiate Athletic Association (NCAA) over what he called “misleading practices”.
His office alleges in a written statement that the NCAA had engaged in false marketing by marketing sporting events as women’s only but then allowing “biological males,” a transphobic colloquialism for trans women, to compete.
It further stipulates that the governing body violates Texas laws with its policy on trans inclusion as it constitutes “false marketing,” which it says breaches the Texas Deceptive Trade Practices Act.
“That only biological women will compete in the events is an important reason consumers choose to support women’s sports”, the statement continues. “The NCAA further misleads consumers by failing to disclose which participants in its ‘women’s’ competitions are biological males.”
Paxton, who has a long history of using legislation to attack the trans community, argued that the NCAA had also jeopardised the safety of what he called “biological females” by allowing trans women to compete – while providing no evidence to support this argument.
There is no concrete proof that trans women have an inherent advantage over cisgender women in sports.
Despite this, Paxton has used the claim to petition for a “permanent injunction” on the NCAA prohibiting the right for trans women to compete in college-level sporting events.
It also petitions for the organisation to stop using the word women in female sporting events and instead use the term “mixed sex competitions.”
Ken Paxton uses Texas transgender laws to obtain personal records
In March, Ken Paxton attempted to use his power as attorney general to demand the personal information of LGBTQ+ groups’ members.
Paxton’s office attempted to assert that he has the right to information about parents who might seek to avoid a Texas transgender law which prevents medical treatment for trans children.
He demanded documents, communications and information related to any of the organisation’s work with families which involve trans adolescents.
The ACLU, alongside Lambda Legal and the Transgender Law Center, argued that the petition acted “outside” Paxton’s authority and was attempting to subvert the discovery process in other lawsuits challenging anti-LGBTQ+ laws in the state.
“The latest attempt to punish organisations for opposing government overreach sets a dangerous precedent for all Texans who advocate on any issue,” ACLU Texas attorney Brian Klosterboer said.
“Transgender youth know who they are and will not be silenced, even when elected officials relentlessly target them for political gain.”
The Republican made a similar move in 2022, demanding that the Department of Public Safety (DPS) compile a list of individuals who had changed their gender on official records in the past two years.
Not only did the DPS respond by saying the data does not exist, but that it couldn’t be “accurately produced.”
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