The Supreme Court’s recent rulings and NCAA president Charlie Baker’s response signal limited change to college eligibility rules for transgender athletes. On CBS’ Face the Nation, Baker said he does not expect the NCAA to alter the gender-eligibility policy it adopted in February 2025, even after the high court’s 6-3 decisions in cases affecting access to girls’ sports.
What the Supreme Court decided
The court issued 6-3 rulings in cases including West Virginia v. B.P.J. and Little v. Hecox, siding with states that imposed sex-based participation rules in K-12 and related school contexts. The decisions upheld the specific state statutes and the legal arguments presented in those cases, and they signal that state-level rules can withstand challenge under the facts the court considered.
Legal observers note the rulings do not instantly create a single nationwide eligibility regime for every level of sport. Instead, the decisions are likely to influence litigation and institutional policy-making about how sex, gender identity and records are used to determine team eligibility.
How the NCAA reacted and policy timeline
Charlie Baker, appointed NCAA president after a long public-service career, told CBS he did not expect immediate changes to the NCAA’s February 2025 gender-eligibility policy. Baker said the NCAA seeks a consistent national standard but recognized state actions could affect how that standard is applied in practice.
The NCAA updated its policy in February 2025 in the aftermath of the “No Men in Women’s Sports” executive order from that period. Under the current NCAA rule, a student “assigned male at birth may practice on an NCAA women’s team and receive all other benefits applicable to student-athletes,” subject to institutional implementation and any applicable state requirements.
Transgender athletes and state birth-certificate rules
State rules on whether and how a person can change the sex listed on their birth certificate vary widely. Those differences can affect how record evidence is used in eligibility decisions under institutional or governing-body policies.
- 44 states currently allow birth certificates to be altered to change a person’s recorded sex.
- Six states currently do not allow such changes: Florida, Texas, Kansas, Oklahoma, Tennessee and Montana.
- Fourteen states allow the sex on a birth certificate to be changed without medical documentation; examples include California, New York, Massachusetts and Michigan.
Because the NCAA policy references a student’s sex at birth, changes to birth records in some jurisdictions could influence determinations about eligibility depending on how institutions, conferences and state agencies interpret documentation. Critics say this creates a possible avenue to bypass restrictions; supporters say legal document changes reflect a person’s recognized identity and should be given weight.
Critics, fairness debate and bypass concerns
Critics argue the NCAA policy “does not go far enough” to protect women’s sports and have raised concerns that record changes may be used to circumvent limits on participation. Those are reported as critics’ claims and remain contested; evidence of widespread bypassing has not been established and will depend on institutional review and legal challenges.
Supporters of inclusive eligibility emphasize that policies must balance fairness, athlete welfare and inclusion; they say medical, competitive and legal factors should guide decisions. Institutions will need clear procedures to evaluate cases individually, weigh available evidence and document determinations to withstand possible legal scrutiny.
Implications for policy and practice
In the near term, athletic departments are likely to follow the NCAA’s national standard while tracking state-level developments. Baker said the national standard is intended to guide schools, even as state laws or agency practices may yield differing outcomes on the ground.
Likely next steps include updated institutional guidance, case-by-case eligibility reviews and potential litigation if disputes arise. Some states may pursue further legislation or clarifying rules. Compliance offices, conference officials and campus decision-makers will play central roles in applying the NCAA framework alongside applicable state law.
Frequently asked questions
Can transgender athletes compete on NCAA women’s teams under the new policy?
The current NCAA policy permits a student-athlete assigned male at birth to practice on an NCAA women’s team and to receive other benefits; how that works in practice depends on institutional application of the rule and any relevant state documentation or requirements.
What did the Supreme Court rule in West Virginia v. B.P.J. and Little v. Hecox?
The court ruled 6-3 in favor of the states in the specific cases before it, upholding statutes that require school participation according to sex assigned at birth under the facts presented to the court.
How do state birth certificate rules change eligibility for college sports?
State laws vary: some allow birth-certificate sex changes with few or no medical requirements, others permit changes only with documentation, and some do not allow changes at all. Those differences can affect how legal records are used in eligibility determinations under institutional or governing-body policies.
Source: Fox News — original reporting at Fox News. Fox News’ Jackson Thompson contributed to this report.
