A group of women college athletes affected by transgender inclusion will testify in a legal battle between the NCAA and the state of Texas Tuesday. 

After the NCAA changed its gender eligibility policy to prevent biological males from competing in women’s sports to comply with President Donald Trump’s Feb. 5 executive order addressing the issue, many pro-women activists spoke out with concerns the new policy doesn’t go far enough to keep trans athletes out.

In late February, Texas Attorney General Ken Paxton sued the NCAA for its recent revised policy, demanding the governing body begin mandatory sex screening. 

The lawsuit’s first hearing is Tuesday and will include testimony from former San Jose State University volleyball player Brooke Slusser and her mother, Kim Slusser, former North Carolina State University Kylee Alons and former University of Kentucky Swimmer Kaitlynn Wheeler.

Those athletes are already involved in another lawsuit, led by Riley Gaines and the Independent Council on Women’s Sports (ICONS), against the NCAA for its past gender policy that allowed trans athletes to compete as women, citing their own experiences with trans inclusion. 

Slusser is the most recent of the group to enter the battle against trans inclusion in women’s sports after joining the Gaines lawsuit in September over her experience with transgender teammate Blaire Fleming. Slusser has alleged SJSU did not reveal Fleming’s birth sex while they shared changing and sleeping areas. 

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Alons, a 31-time All-American and two-time NCAA champion, and Wheeler shared a locker room and pool with former University of Pennsylvania transgender swimmer Lia Thomas at the 2022 NCAA championships. 

Now, the three athletes will look to share their experiences in court as they try to bring mandatory gender testing to the NCAA and prevent future women athletes from going through similar experiences. 

Paxton’s lawsuit has reflected many of the complaints by critics that the current policy is too lenient and could allow trans athletes to compete in women’s sports with an amended birth certificate. 

In the U.S., 44 states do allow birth certificates to be altered to change a person’s birth sex. The only states that do not allow this are Florida, Texas, Kansas, Oklahoma, Tennessee and Montana. There are 14 states that allow sex on a birth certificate to be changed without any medical documentation required, including California, New York, Massachusetts and Michigan. 

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“In practice, the NCAA’s lack of sex-screening has allowed (and will continue to allow) biological men to surreptitiously participate in ‘women’s’ sports categories,” the lawsuit states. Additionally, Paxton argues the NCAA allows “ample opportunity for biological men to alter their birth records and participate in women’s sports.”

Paxton filed a lawsuit against the NCAA in December over its previous policy. In that suit, Paxton accused the NCAA of “engaging in false, deceptive, and misleading practices by marketing sporting events as ‘women’s’ competitions only to then provide consumers with mixed sex competitions where biological males compete against biological females.”

“The NCAA is intentionally and knowingly jeopardizing the safety and well-being of women by deceptively changing women’s competitions into co-ed competitions,” Paxton said in a statement. “When people watch a women’s volleyball game, for example, they expect to see women playing against other women, not biological males pretending to be something they are not. Radical ‘gender theory’ has no place in college sports.”

The NCAA provided a statement to Fox News Digital addressing the criticisms and insisting that amended birth certificates will not be accepted. 

“The policy is clear that there are no waivers available, and student-athletes assigned male at birth may not compete on a women’s team with amended birth certificates or other forms of ID,” the statement said. “Male practice players have been a staple in college sports for decades, particularly in women’s basketball and the Association will continue to account for that in the policy.”

These specifics are not outlined on the official NCAA policy page, and it makes no specific references to birth certificate, ID amendments or women’s scholarships going to trans athletes.

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