Texas AG joins fight against transgender females playing women’s sports

Texas Attorney General Ken Paxton has joined the fight to protect women’s sports amid the rise of “unfair and dangerous competition from biological men.”

An official press release by Paxton states that he is joining an amicus brief that is led by Tennessee and was filed in the U.S. Court of Appeals for the Second Circuit, which is based in New York City. 

The amicus brief “highlights the protections for biological women under Title IX,” which is the foundation behind the brief. 

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“For decades, Title IX has helped create opportunities for girls to participate in sports by prohibiting educational programs from discriminating on the basis of sex,” the release read. 

“Despite recent attempts to radically alter the definition of ‘sex,’ Title IX has long operated under the biological reality that there are two separate sexes: male and female. Given this fact, allowing subjective ‘gender identity’ to trump biological sex would render much of Title IX unworkable.”

Title IX has been a hot topic in the sports world due to the Biden administration’s plan to release new rules to the civil rights law that was enacted in 1972. The new rules would bar states from banning transgender students from competing against the gender they identify as.

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“At the time of Title IX’s enactment, the public understood that allowing biological boys to compete against girls would result in boys taking away championship opportunities designated for girls. In this circumstance, Defendants have failed to ‘effectively accommodate the interests and abilities of members of both sexes’ by refusing to offer truly sex-separated track-and-field competitions for the two sexes,” the brief reads, as it also highlights various examples in Connecticut where biological boys won more track-and-field events when competing against biological women.

Riley Gaines, a former decorated NCAA swimmer, has been one of the main advocates for the protection of women’s sports. She’s experienced first-hand loss in her collegiate career to a transgender opponent, Lia Thomas. 

Thomas has shown support for the Biden administration’s Title IX rule changes, while Gaines has been on the other side of the argument. In terms of athletics, the rule would prohibit bans on transgender kids from kindergarten through eighth grade. But there’s a catch, which Thomas doesn’t like. 

“However, it would not prohibit discrimination against trans kids in the high school and college levels under the guise of competitive fairness,” Thomas said in an Instagram video. “This rule is a good start, however it is not enough. During this time of intense anti-trans backlash, the trans community needs explicit protections from discrimination in order to live our lives freely and equally.”

“Under the guise of competitive fairness?” Gaines said in a quote-tweet of Thomas’ video. “Are you really trying to say you would have won a national title against the men? Does it not break your heart to see women lose out on these opportunities? The Biden Admins proposed bill denies science, truth and common sense.”

Gaines has received support for her comments, including that from ESPN personalities Sage Steele and Samantha Ponder. 

“This would take away so many opportunities for biological women and girls in sports,” Ponder said. “It is a shame that we are needing to fight for the integrity of Title IX in 2023 and the reason it was needed in the first place #savewomens sports.”

Steele added: “This is heartbreaking, maddening and really difficult to watch. I keep thinking I’m going to wake up and be relieved that this was all just a ridiculous, comical, nonsensical dream….”

Thomas became the first transgender Division I NCAA champion when she won in women’s swimming, but it created a firestorm that continues to rage in sports countrywide. 

The White House recently vowed to veto a bill that would prevent biological males from participating in women’s sports should it pass both houses of Congress. 

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The Protection of Women and Girls in Sports Act, also known as H.R. 734, was introduced by Rep. Greg Steube, R-Fla., and the House is expected to vote on it sometime this week. 

“The Administration strongly opposes House passage of H.R. 734,” the White House said in a statement. “For students nationwide, participating in sports and being part of a team is an important part of growing up, staying engaged in school, and learning leadership and life skills. H.R. 734 would deny access to sports for many families by establishing an absolute ban on transgender students – even those as young as elementary schoolers – playing on a team consistent with their gender identity.

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“If the President were presented with H.R. 734, he would veto it.”