A federal judge largely dismissed Riley Gaines’s lawsuit against the NCAA, but allowed one claim to proceed. Gaines, a former collegiate swimmer, argued that the National Collegiate Athletic Association violated Title IX by permitting transgender athletes to compete. According to Them, the ruling leaves her claim of sex-based discrimination as the only part of the case still proceeding.
The Advocate states that “Gaines and her co-plaintiffs cannot pursue constitutional claims because the NCAA is not a state actor, as determined by U.S. District Judge Tiffany R. Johnson of the Northern District of Georgia.” The publication reported that the judge, “dismissed claims against Georgia Tech and the University System of Georgia, calling them moot after lawmakers passed the ‘Riley Gaines Act,’ which bars public institutions from hosting competitions where transgender women compete against cisgender women.”
Gaines became a well-known conservative influencer in media for her opposition towards transgender athletes, often criticizing former swimmer Lia Thomas, with whom she tied for fifth at the 2022 NCAA championships.
An NCAA spokesperson responded to the ruling in a report from Sportico, stating, “College sports remain the premier stage for women’s sports in America, and the Association and its members will continue to promote Title IX, make unprecedented investments in women’s sports, and ensure fair competition in NCAA championships.”
The advocacy organization group supporting the lawsuit released a statement on social media approving of the ruling, proclaiming “major step toward proving the NCAA violated Title IX by allowing men to compete on women’s teams.”
Gaines and the other athletes’ lawsuit can now move forward to an early discovery phase, where both sides will have 90 days to share documents and give testimony based on Johnson’s ruling.
Sportico’s coverage explains that, “Johnson acknowledged that none of the plaintiffs will have remaining NCAA eligibility after 2028 and that the NCAA’s policy on transgender athletes could conceivably change based on political and legal developments in the years ahead.”
