A federal judge sitting in the Northern District of Georgia has dismissed a lawsuit filed by former college swimmer Riley Gaines against the NCAA over its policies on transgender athletes.
U.S. District Judge Tiffany R. Johnson ruled Monday that Gaines could not pursue Title IX claims against the NCAA because the organization does not directly receive federal funding, and therefore is not bound by the federal law’s rules on sex discrimination in education programs. The Daily Mail first reported the ruling.
Gaines and her co-plaintiffs had argued that the NCAA should still be subject to Title IX because nearly all of its member schools receive federal education funding and are themselves covered by the law. Judge Johnson rejected that argument.
“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.”
The case traces back to the 2022 NCAA Division I swimming championships, when Gaines, then a swimmer at the University of Kentucky, tied for fifth place with University of Pennsylvania swimmer Lia Thomas, who is transgender. Gaines’ lawsuit alleged the NCAA violated female athletes’ rights by allowing transgender women to compete against them and to use women’s locker rooms.
Gaines said she plans to appeal and framed the dismissal as a temporary obstacle rather than a defeat.
“This momentary setback will not deter me or other women athletes in the least. 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,” Gaines said.
The lawsuit was co-sponsored by the Independent Council on Women’s Sports, known as ICONS. Co-founder Kim Jones, a former NCAA All-American tennis player, said the group believes the ruling was mistaken.
“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,” Jones said.
ICONS co-founder Marshi Smith argued the ruling undermines confidence in the NCAA’s ability to oversee college athletics.
“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,” Smith said.
The case now heads toward an appeal, with Gaines and ICONS vowing to keep pressing their argument that the NCAA’s oversight of federally funded member schools should subject the organization itself to Title IX requirements.
