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Texas Investigating USTA: Fallout of GOP’s Anti-Transgender Policies

 

The Issue


In November 2025, Texas Attorney General Ken Paxton, a member of the Republican Party, announced a Civil Investigative Demand (“CID”) to the United States Tennis Association (“USTA”) Texas League seeking to determine if it had violated the Texas Deceptive Trade Practice Act.[2] The CID requires production of policies, procedure, and documentation that Paxton will review to determine whether the UTSA had violated the Act.[3] While Texas governor Greg Abbott has recently signed legislation into law implementing prohibitions on transgender women participating in K-12 and collegiate sports, this move by the Attorney General goes beyond legislation aimed at limiting such participation.[4] In 2023, Governor Abbott signed a law that provided the right to sue collegiate institutions that allow trans athletes to compete on teams according to their gender identity.[5]


Perhaps in response to the CID, UTSA modified its Player Eligibility Policy.[6] On December 1, 2025, the new policy, which restricts participation in UTSA events designated for women and girls to participants assigned female at birth, went into effect.[7] This policy change aims to ensure UTSA policy is in accordance with President Donald Trump’s executive order regarding participation in female sports.[8] Following his inauguration in January 2025, President Trump signed  the executive order further aiming to limit the participation of transgender women in female sport organizations.[9]


The Broader Context


This controversy is the latest in a broader issue that became predominant in the 2024 Presidential Election.[10] According to an exit poll, the issue of transgender women participating in women’s sports was the top issue for 6% of moderate voters.[11] Perhaps relatedly, Attorney General Paxton has launched a primary campaign against incumbent republican U.S. Senator from Texas, John Cornyn.[12] While UTSA aims to grow into compliance with this order, the United States Supreme Court recently heard arguments in Little v. Hecox.[13]


The plaintiffs in this case contend that laws and executive orders such as those in Texas and the order signed by President Trump violate the equal protection clause of the 14th Amendment.[14] The conservative justices stated that federal law allows separate sports teams to ensure fair competition.[15] Conversely, the liberal justices suggested that a narrow challenge based on individual circumstances may have merit.[16] There are many more lawsuits pending regarding similar issues.[17] The result of this case may dictate if these policies continue to force changes in athletics across the nation.


Despite the amount of controversy surrounding this issue, transgender athletes make up a small percentage of those that participate in high school and collegiate sports.[18] According to one study by the UCLA School of Law Williams Institute, 122,000 transgender youth may participate in high school sports. While this number may seem substantial, nearly 8.3 million students participated in high school athletics in the 2024-25 school year.[19] Whereas, transgender athletes likely make up a maximum of 1.3% of collegiate athletes.[20]


Nationwide Implications


While the Court will make their opinion heard, it is important to remember the deeply personal impacts that decisions such as these have on individuals. Data suggests that 82% of transgender individuals have considered suicide and 40% have attempted suicide.[21]  Specifically, transgender youth, at a rate of 86% and 56% respectively have considered or attempted suicide.[22] Among the statistically significant factors influencing these outcomes include a sense of school-belonging.[23]


This issue, like many others, may not have a single expedient outcome. And, with the 2026 midterms and 2028 Presidential Primary elections around the corner, it is sure to be a hot-button issue once more. Texas, considering the current legal landscape and the November senate race, might well serve as a thermometer for the rest of the country as it pertains to this discussion. With that in mind, while this is a politically controversial issue, it is also an issue that requires delicacy and compassion from all of those who engage in the conversation.


Noah Lopez (staff writer) Noah is a 1L at Villanova from Millville, NJ. He earned a B.A. in Economics with a minor in Political Science from Rowan University. While pursuing his undergraduate degree, Noah spent time interning with the NJ Courts as well as in consumer lending with a Boston-based bank. Noah is a longtime fan of Philadelphia sports as well as of Premier League club Manchester United. He is eager to apply his interests in economics, foreign affairs, and national security within the world of sports.


References:

[3] See Id. 

[4] See Andy Rose & Jack Forrest, Texas Governor Signs Bill Placing Limits on Transgender Athletes in College Sports, CNN (June 15, 2023), https://www.cnn.com/2023/06/15/politics/texas-transgender-college-athletes-ban

[5] See Id.

[7] See Id. 

[8] See Id.

[10] See Jackson Thompson, How Transgenderism in Sports Shifted the 2024 Election and Ignited a National Counterculture, (Dec. 24, 2024), https://www.foxnews.com/sports/how-transgenderism-sports-shifted-2024-election-ignited-national-counterculture

[11] See Id.

[12] See Jasper Scherer, Texas AG Ken Paxton Officially Joins U.S. Senate Race Challenging John Cornyn, (Apr. 8, 2025), https://www.texastribune.org/2025/04/08/ken-paxton-john-cornyn-us-senate-texas-republican-primary/

[14] See Id.

[15] See Ann E. Marimow, Justice Seem Inclined to Allow State to Bar Transgender Athletes, New York Times  (Jan. 13, 2026), https://www.nytimes.com/2026/01/13/us/politics/supreme-court-transgender-athletes.html

[16] See Id. 

[17] See Trump Anti-LGBTQ+ Executive Order Litigation Tracker, The LGBTQ+ Bar https://lgbtqbar.org/programs/advocacy-resources/trump-executive-order tracker/?utm_source=chatgpt.com 

[18] See The Impact of Transgender Sports Participation Bans on Transgender People in the US, UCLA School of Law, (Feb. 2025), https://williamsinstitute.law.ucla.edu/publications/impact-trans-sports-ban-eo/

[19] See Participation in High School Sports Hits Record High with Sizable Increase in 2024-25, NFHS (Sep. 9, 2025),  https://nfhs.org/stories/participation-in-high-school-sports-hits-record-high-with-sizable-increase-in-2024-25

[20] See The Impact of Transgender Sports Participation Bans on Transgender People in the US, UCLA School of Law, (Feb. 2025), https://williamsinstitute.law.ucla.edu/publications/impact-trans-sports-ban-eo/

[21] Ashley Austin et al. Suicidality Among Transgender Youth: Elucidating the Role of Interpersonal Risk Factors, NIH, (Mar. 2022), https://pubmed.ncbi.nlm.nih.gov/32345113/

[22] See Id.

[23] See Id.

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