NCAA President Charlie Baker faced sharp criticism on Tuesday for placing the burden of safety on female athletes uncomfortable sharing locker rooms with transgender athletes. The exchange occurred during a Senate Judiciary Committee hearing focused on legalized sports gambling, where the issue of transgender inclusion in women’s sports took center stage.
Sen. Josh Hawley (R-MO) questioned Baker about the NCAA policy allowing transgender athletes to use locker rooms corresponding to their gender identity. Baker, a former Republican governor of Massachusetts, defended the policy by stating that female athletes who are uncomfortable could opt for alternative accommodations. “Everybody else should have an opportunity to use other facilities if they wish to do so,” Baker said. He added that local institutions hosting NCAA events have the flexibility to handle accommodations as they see fit.
When asked about the physical advantages of biological males competing in women’s sports, Baker initially hesitated. In response to Sen. John Kennedy (R-LA) he called the issue “debatable,” claiming limited research exists. However, when Kennedy pressed further, Baker conceded, saying, “I think the way you defined it, yes, I would agree with you.”
Sen. Kennedy criticized Baker for failing to address the issue more forcefully, telling him to “buy a spine online and take a stand.” Sen. Marsha Blackburn (R-TN) also condemned the NCAA’s policies, arguing that they undermine female athletes’ rights and safety.
Macy Petty, a legislative strategist for the Concerned Women for America, issued a statement denouncing Baker’s leadership. “Charlie Baker’s time as NCAA President has exposed a scandalous dismissal of the safety and dignity female athletes deserve,” Petty wrote. She praised Senators Hawley, Blackburn, and Kennedy for their advocacy and urged Congress to act against the NCAA’s “discrimination against women.”
Baker cited “five lawsuits in the last 18 months” as influencing NCAA policy. However, Hawley countered that no court rulings explicitly mandate the NCAA to allow transgender athletes to compete in women’s sports or share female locker rooms. One case Baker referenced involved Colorado District Judge Kato Crews’ decision in November allowing transgender volleyball player Blaire Fleming to compete in the Mountain West Tournament. The ruling focused on procedural issues, not the broader policy of transgender inclusion.
Other recent rulings have primarily impacted high school sports. In Arizona, a September ruling blocked a state law restricting prepubescent transgender athletes from competing in girls’ sports. Similar rulings in West Virginia, New Hampshire, and Virginia allowed transgender athletes to compete in girls’ cross-country, soccer, and tennis.
The controversy has sparked ongoing lawsuits against the NCAA. Former NCAA swimmer Riley Gaines leads a lawsuit accusing the NCAA of violating Title IX by forcing female athletes to compete against and share locker rooms with transgender competitors. Gaines and others highlighted their shock at having to share facilities with Lia Thomas, a transgender swimmer, during the 2022 NCAA championships.
In another lawsuit, San Jose State volleyball player Brooke Slusser and several Mountain West athletes are suing the university and conference for permitting Fleming to compete as a woman without informing teammates or opponents of Fleming’s biological sex.
As these lawsuits progress, lawmakers and advocacy groups continue to pressure the NCAA to revise its policies. The debate underscores broader societal and legal conflicts surrounding gender identity, fairness in women’s sports, and Title IX protections.
