NCAA President Charlie Baker recently shifted the onus of managing locker room discomfort regarding transgender athletes onto the women themselves. During a Senate Judiciary Committee hearing concerning legalized sports gambling, Senator Josh Hawley questioned Baker about the NCAA's policies permitting transgender athletes' participation in women's sports. Specifically, Hawley challenged the NCAA's stance on locker room usage, which states that transgender student athletes should have access to facilities aligning with their gender identity.
Baker's response suggested that athletes uncomfortable with this arrangement should seek alternative accommodations. He emphasized the NCAA's provision of "optionality" to host institutions, allowing them to manage athlete accommodations as they deem appropriate. However, he also initially hesitated to acknowledge the inherent physical advantages biological males possess over female athletes. Only after repeated questioning from Senator John Kennedy did Baker concede this point.
Pressed on why the NCAA hasn't revised its policies on transgender inclusion in women's sports, Baker cited federal law and recent court decisions. This prompted a sharp rebuke from Senator Kennedy, urging Baker to take decisive action. Senator Marsha Blackburn also criticized the NCAA's current stance during the hearing. The Concerned Women for America echoed these sentiments, expressing concern over the NCAA's disregard for female athletes' safety and dignity and its perceived neglect of Title IX protections.
Baker referenced several lawsuits that have allowed transgender athletes to compete against biological females. However, as Senator Hawley pointed out, none of these rulings explicitly mandated the NCAA to permit transgender athletes in women's sports or locker rooms. The cases Baker cited primarily focused on high school and youth sports, not the collegiate level.
Two ongoing lawsuits are challenging the NCAA's policies on transgender athletes. One, led by former NCAA swimmer Riley Gaines, alleges that the NCAA violated female athletes' Title IX rights with its gender identity policies. Another lawsuit, filed by San Jose State volleyball player Brooke Slusser and others, contests the university and Mountain West Conference's decision to allow a transgender athlete to compete without informing opponents or teammates of the athlete's biological sex.
