NCAA President Charlie Baker has ignited controversy after suggesting that female athletes uncomfortable sharing facilities with transgender athletes should seek alternative accommodations. This assertion came during a Senate Judiciary Committee hearing focused on various topics, including legalized sports gambling.

Concerns Raised in Senate Hearing

During the hearing, Senator Josh Hawley from Missouri pressed Baker on the NCAA’s policies permitting transgender athletes to participate on women’s teams. Hawley highlighted the NCAA’s guideline that allows transgender student-athletes to utilize locker rooms, showers, and restrooms that align with their gender identity.

In response, Baker emphasized the need for women athletes to take personal responsibility regarding their comfort and safety in shared facilities. He stated, “Everybody else should have an opportunity to use other facilities if they wish to do so,” indicating that alternative options are available for those who feel uneasy.

Local Accommodations Offered

Baker further explained that NCAA guidelines empower local institutions and organizations hosting college sports events to make accommodations as they see fit. “I believe our guidelines give people optionality in how they choose to use their facilities,” he added, reiterating the responsibility of local organizers to cater to the needs of participating athletes.

Debating Physical Advantages

When pressed by Senator John Kennedy from Louisiana about whether biological males possess inherent advantages over female athletes, Baker initially hesitated, labeling the issue as “debatable.” However, after further questioning, he conceded, “I think the way you defined it, yes, I would agree with you,” acknowledging the prevailing opinion on the matter.

Calls for Policy Revisions

Senator Kennedy expressed frustration at Baker’s lack of action in amending NCAA policies to address concerns regarding transgender inclusion in women’s sports. “Why don’t you go to Amazon and buy a spine online and take a stand?” he challenged Baker, underscoring the urgency of the situation.

Senator Marsha Blackburn from Tennessee also criticized Baker for the NCAA’s current pro-trans policies, further amplifying the call for change.

Response from Advocacy Groups

The Concerned Women for America (CWA) issued a statement condemning Baker’s remarks, asserting that his leadership has neglected the safety and dignity of female athletes. Legislative strategist Macy Petty remarked, “His lack of leadership has compromised the integrity of all member institutions,” praising the senators for their efforts to address the perceived discrimination against women in sports.

Legal Context and Ongoing Lawsuits

Baker referenced “five lawsuits in the last 18 months” that have contributed to the current landscape allowing transgender athletes to compete against biological females. However, Hawley pointed out that no court rulings explicitly mandated the NCAA to adopt these inclusive policies.

One notable case involved a ruling by a Colorado district judge that permitted a transgender volleyball player to compete in the Mountain West Tournament. While this decision was pivotal for the individual athlete, it did not establish a broader precedent for transgender inclusion at the NCAA level.

Recent rulings in other states have addressed similar concerns, focusing primarily on high school and youth sports rather than collegiate athletics. For instance, courts in Arizona and West Virginia blocked state laws that sought to restrict transgender participation in girls’ sports.

Current Lawsuits Against NCAA Policies

As the debate continues, two significant lawsuits are currently underway against the NCAA regarding its policies on transgender athletes. Former NCAA swimmer Riley Gaines leads one lawsuit, claiming that the NCAA violated Title IX rights by allowing transgender athletes to compete in women’s events. This lawsuit stems from Gaines’s personal experience when she and her teammates were required to share a locker room with transgender swimmer Lia Thomas during the 2022 championships.

Another lawsuit has been filed by San Jose State volleyball player Brooke Slusser and several other athletes, challenging the Mountain West Conference’s decision to permit a transgender player to compete without informing opponents or teammates of her biological sex.

As discussions surrounding these policies unfold, the NCAA and its president, Charlie Baker, continue to face scrutiny and calls for reform.