Senator Josh Hawley Confronts NCAA President on Biological Males in Women's Sports and Locker Rooms
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Senator Josh Hawley Confronts NCAA President on Biological Males in Women's Sports and Locker Rooms
Senator Josh Hawley grilled NCAA President Charlie Baker during a heated Senate hearing over the organization's policies permitting biological males to compete in women's sports and use women's locker rooms. Hawley dismantled Baker's claims that federal courts or Title IX require these policies, revealing that the NCAA actively argues in court that Title IX doesn't even apply to them. The exchange exposed how five women's volleyball teams were forced to forfeit games and how female athletes must abandon their own locker rooms to accommodate transgender athletes under NCAA guidelines.
Senator Hawley Challenges NCAA's Legal Justification
Senator Josh Hawley opened his questioning by addressing what he characterized as NCAA President Charlie Baker's evasive response to an earlier question from Senator Kennedy about the safety of women in NCAA sports. When Hawley asked directly whether federal law requires the NCAA to permit biological men to play in women's sports, Baker initially cited five federal court cases from the past 18 months.
Hawley immediately challenged this framing, pointing out a critical distinction: "No federal court has ordered the NCAA to include biological men in women's sports, right? There's not a single case that has ordered the NCAA to do so, correct?" He accused Baker of actively dissembling when suggesting the NCAA's hands were tied by federal courts.
Title IX and the NCAA's Contradictory Legal Position
Hawley then turned to Title IX itself, the federal law designed to prevent sex-based discrimination in educational programs receiving federal financial assistance. He quoted the statute: "No person in the United States shall on the basis of sex be denied the benefits of any educational program or activity receiving federal financial assistance."
In a particularly striking revelation, Hawley noted that the NCAA is currently in court arguing that Title IX doesn't even apply to the organization. This position, Hawley suggested, was "astounding" given the amount of federal money the NCAA receives. When pressed, Baker appeared to confirm that the NCAA's legal position is that they are not currently subject to Title IX, with federal courts having affirmed this stance in some instances.
The Real-World Impact on Women's Volleyball
Hawley provided concrete examples of how NCAA policies have affected female athletes. He detailed how five women's volleyball teams—Wyoming, Southern Utah, Utah State, Nevada, and Boise State—had to forfeit a total of seven games during their conference play because a biological male was playing on a rival team under NCAA rules.
"How is that not denying them the benefits of the sport?" Hawley demanded. "Why is this fair to women?" He emphasized that these women's teams had to forfeit games and therefore lost their chance to compete in the championship because of NCAA rules, not because of any court order.
Baker responded by referring back to federal court decisions, but Hawley cut him off, reiterating that the NCAA's rules have not been tried in federal court and that no court has ordered the NCAA to implement these specific policies.
NCAA Guidelines on Locker Room Access
Hawley then shifted to perhaps the most contentious aspect of NCAA policy: locker room access. He referenced a pending lawsuit from female athletes suing the NCAA for allowing biological men not only in their sports but also in their locker rooms, often without the women's consent or foreknowledge.
When Baker claimed that the guidelines don't say what Hawley suggested, the Senator produced the actual guidelines. He read directly from the NCAA document: "Transgender student athletes should be able to use the locker room, shower, and toilet facilities in accordance with their gender identity." The guidelines then state that other individuals should have an opportunity to use alternative facilities if they wish to do so.
Hawley pressed the point: "So the burden's on the women. If the women then want to move to a different facility, in other words if they want to abandon their own locker room, you're saying that they should have to do that."
Passing the Buck to Local Organizers
Baker attempted to deflect responsibility by saying the NCAA places "significant emphasis on what the locals plans are," referring to whoever is hosting an event. Hawley found this response inadequate, pointing out that the NCAA has specific guidelines that instruct local organizers on best practices.
"Your guidelines say that biological men can go in and use the women's locker rooms if they want to. What the women want has nothing to do with it. They're not mentioned in here at all, correct?" Hawley asked.
Baker confirmed this interpretation was correct. Hawley noted these guidelines were reaffirmed as recently as May of the current year.
Riley Gaines and the Female Athlete Experience
Hawley invoked the testimony of Riley Gaines and other female athletes who had previously appeared before the committee. According to their accounts, under current NCAA policy, if a biological male wants to use the women's locker room, female athletes must either accept this situation or find alternative facilities themselves.
Baker responded that local tournament hosts are instructed to "create accommodations for the people who are playing," but Hawley saw this as yet another deflection of responsibility.
A Scathing Conclusion
Hawley concluded his questioning with a blistering critique of Baker's testimony: "So it's the feds on the one hand, it's the locals on the other hand. The only person who doesn't seem to bear any responsibility in this is you and the NCAA, who are the governing body."
He highlighted the contradiction at the heart of Baker's testimony: the NCAA claims to be compelled by federal law while simultaneously arguing in court that federal law doesn't apply to them. "Your testimony here today is you're not even subject to Title IX," Hawley said.
The Senator ended with a personal statement: "Mr. Baker, I can't tell you how disappointed this makes me, but not just disappointed—frankly infuriated for the student athletes who are suffering because of your policies and you won't even defend them. You won't even take responsibility. It's outrageous, totally outrageous."
Throughout the exchange, Baker repeatedly suggested that "clarity on this issue at the federal level would be very helpful," which Hawley characterized as "such a copout"—asking someone else to make the decision while the NCAA continues to implement policies that he argued harm female athletes.
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