Next week, accountability finally comes to the NCAA’s doorstep. On Monday, July 21, the long-drawn-out farce of males displacing women in elite sports programs begins to crack—legally.
For over a decade, the NCAA has enabled males to take women’s places at institutions like Harvard and the University of Pennsylvania.
What started with those in charge simply looking the other way transformed into universities and the NCAA celebrating men stealing women’s records and opportunities. In fact, in 2022, UPenn nominated Will Thomas – a male swimming on the women’s team under the name “Lia” – for NCAA Female Athlete of the Year.
With all the virtue signaling on the part of institutional leaders, it fell to courageous college athletes to fight back.
It started with Riley Gaines at the 2022 NCAA Finals. Then came Paula Scanlan. Now, three University of Pennsylvania swimmers’ lawsuit to take the fight to the league-level will be heard on Monday, July 21 in federal district court in Boston. The Ivy League grads also allege abuse and federal violations not just by the school, but by the NCAA and Ivy League leadership themselves.
The tide is turning not just culturally but legally as well. The Department of Education’s Office for Civil Rights found the university in violation of Title IX for allowing male swimmer Will Thomas to compete on the UPenn women’s swimming and diving team during the 2021-22 season. And with that, the dominoes began to fall.
UPenn agreed to comply with all demands issued by the Department of Education regarding its Title IX adherence.
UPenn released a statement affirming compliance with Title IX, restored awards and records to the female athletes they were taken from, and sent individual apology letters to the affected athletes. UPenn will also “adopt biology-based definitions” going forward ensuring that males no longer compete on women’s teams.
That was just the beginning.
Just two days later, on July 3, the U.S. Supreme Court announced that it has agreed to hear two cases challenging state bans on male athletes participating in girls’ sports. This decision will address whether states can legally exclude males who identify as girls from participating on female sports teams. The cases involve challenges to laws in Idaho and West Virginia.
The Supreme Court’s decision to hear these cases comes after lower courts ruled against the state bans, citing violations of Title IX. But the lower court rulings against protecting the female category alter the meaning and intent of Title IX.
Title IX’s clear purpose is to protect the sex-based rights of women and girls. Not “gender identity.” It 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 educational program or activity receiving Federal financial assistance.”
The lower court rulings favored male athletes identifying as girls/women in both K-12 and college sports. And seemed to extend the notion of “on the basis of sex” to include “gender identity.” But thinking of oneself as a woman or girl does not make it so.
The cases will be argued in the fall, with a decision expected in 2026.
But because the injustice started in the culture, it won’t end in the courtrooms. Most athletic activity falls outside of the educational system in private sports teams and clubs and the Olympic movement. And that will be next.
But this is today’s fight — protecting Title IX in the education system.
We made this ad – simply articulating the 37 words that changed everything for women and girls in 1972.
https://app.air.inc/a/ctYrm8kxP
Those words belong to women. And that’s why we fight.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.
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