A Joe Biden-appointed federal judge has dismissed former college athlete Riley Gaines’ lawsuit against the NCAA over its transgender athlete policies.
U.S. District Judge Tiffany R. Johnson of the Northern District of Georgia dismissed the case on Monday and ruled that Gaines could not sue the NCAA for violating federal Title IX rules because the NCAA does not directly receive federal funding and therefore is not subject to the title’s regulations, the Daily Mail reported.
The judge also rejected the argument that the NCAA indirectly benefits from federal funding because all its member schools take federal education dollars and are subject to Title IX rules.
“Here, there is no evidence that the NCAA ever received, or could have received, federal funds,” the judge wrote. “Thus, Plaintiffs’ Title IX claims cannot proceed.”
Gaines has pledged to appeal the ruling and says this setback won’t deter her and her allies from trying to hold the NCAA accountable.
“This momentary setback will not deter me or other women athletes in the least,’ Gaines said in a fiery statement following the ruling,” Gaines said on Monday. “Rest assured, we will be appealing this decision. We are on the side of truth. I am confident Americans will rally to our side to fight the NCAA. Working together, we will defeat the NCAA’s continuing efforts to trample women’s rights in sports.”
The co-sponsor of the lawsuit, the Independent Council on Women’s Sports (ICONS), says that Judge Johnson erred in her decision.
“We believe the district judge erred and that the Court of Appeals will find that the NCAA, which is the controlling body of college sports for more than 1,100 member schools, almost all of which are federally funded, is subject to Title IX. We will not give up our fight for women and girls’ rights in sports,” said ICONS Co-Founder Kim Jones, a former NCAA All-American tennis player.
Gaines brought her suit against the NCAA based on her experience competing in the 2022 NCAA Division I swimming championships as a student at Kentucky when she was forced to compete against UPenn’s transgender swimmer Lia Thomas. Gaines tied for fifth place alongside Thomas.
The lawsuit alleged that the NCAA violated the rights of the female athletes by allowing biological males to enter the women’s locker rooms and to compete against them in the events.
ICONS co-founder Marshi Smith said that they won’t let the NCAA get away with its violations.
“The NCAA’s refusal to recognize its responsibility to uphold women’s rights means the NCAA cannot be trusted to regulate anyone’s sports – men’s or women’s,” she said.
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