Biden-appointed judge rules Riley Gaines can't sue NCAA over trans policies

A federal judge ruled against former college swimmer and women's rights activist Riley Gaines in her suit against the NCAA, determining that Gaines could not bring her suit because the college sports body was not beholden to Title IX. Biden-appointed U.S. District Judge Tiffany R. Johnson of the Northern District of Georgia said that there was no evidence that the NCAA was a recipient of federal funding and that as such, they were not required to follow equal rights law set out for educational institutions.

"Here, there is no evidence that the NCAA ever received, or could have received, federal funds," Johnson said in her ruling. "Thus, Plaintiffs' Title IX claims cannot proceed." Johnson looked at direct funding streams. The NCAA, a non-profit, organizes college athletic competitions and makes most of its revenue from March Madness. Were it not for student athletic scholarships provided by universities, most of which receive federal funding including student loan funds, the NCAA would have nothing to organize.

Gaines posted on X, "If the NCAA isn't subject to Title IX, then WHO is? Of course we will appeal. The goal from the beginning was to get this case before the Supreme Court."

Because Johnson found that the Plaintiffs have no standing upon which to bring the suit, there was no ruling on the actual merits of the case. However, Johnson seemed predisposed to oppose their case. She had dismissed the women's constitutional and bodily-privacy claims. She had considered the funding angle before squashing it. Her ruling follows a 1999 Supreme Court ruling that collecting dues from universities with athletic programs was not enough to require them to comply with Title IX.

Gaines was part of a group of women who brought the suit in March 2024 saying that the body violated Title IX when they permitted men to play in women's competition. Gaines tied for 5th place with UPenn's trans swimmer William "Lia" Thomas in 2022 and when it was time to award the trophy, the NCAA rep told Gaines hers would be mailed while Thomas would get his at the end of the competition. 

Women who have spoken up to protect women's sports from male incursion have been vilified, accused of transphobia, racism, and other bigotries. Most recently, WNBA player Sophie Cunningham stated her belief that women's sports should be for women only, giving voice to countless female athletes and their concerns that, in some states, the law still states that men who identify as women can play on women's teams.

"This momentary setback will not deter me or other women athletes in the least," Gaines said following Johnson's ruling. "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." Their next step is to take it up with the US Court of Appeals for the 11th Circuit. The NCAA no longer permits men to play in women's competition after the Trump administration's efforts to end this bizarre practice.

The Biden administration had made the change to Title IX to require that agencies and universities reinterpret the rule to include men who claim to be women as part of the category of women. That opened the door for all schools, elementary through college, to allow men to play on women's teams.

Title IX reads: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..." before going on to list exemptions. None of those exemptions in 1972 included men who claim to be women, or transgender women.