I've only given the lawsuit a cursory look. But these are the points that jumped out to me on my first glance:
The suit is challenging the view, based on a previous SCOTUS ruling, that the NCAA is not subject to Title IX because the NCAA is not itself an educational institution or program that receives federal funds.
17. The NCAA is an unincorporated, voluntary, association comprised ofmore than 1,100 member colleges and universities.
18. Most of the NCAA’s members receive federal funding and are covered by Title IX.
19. The NCAA is the largest scholastic sport rulemaking and enforcement body in the United States.
22. For this purpose, colleges and universities cede their control over the regulation of college sports to the NCAA.
The lawsuit alleges that the NCAA exercises its control over college/uni sports not to insure fair play and serve the best interests of college/uni athletes, but rather to make money, exploit male college athletes, and advance a new “radical anti-woman agenda.”
The suit says the NCAA's new "radical anti-woman agenda" 1) redefines women for the purposes of collegiate sports as people solely defined by having a testosterone level below a certain threshhold; and 2) demands that female students bear a disproportionate burden of insuring that the NCAA achieve its goals of “diversity, inclusion and equity” in college sports by requiring female students, and female students alone, to give up their rights to fairness, safety and privacy so as to provide new entitlements for males who claim to have special gender identities.
20. The NCAA is also a multi-billion-dollar business venture intended to,among other things, maximize the revenue flowing from college sports and reduce the expenses of members by dictating and expositing the rules under which college sports are played.
21. Through its ability to obtain compliance with its rules from its members the NCAA has turned college sports in the United States into big business.
24. Over the last decade-and-a-half the exploitive conduct of the NCAAand the enormous profits that the NCAA and its member institutions derive fromthe monopolization of men’s college sports has come under increasing public scrutiny and legal challenge, leading to the U.S. Supreme Court’s unanimous decision in Nat’l Collegiate Athletic Ass’n v. Alston, 594 U.S. 69 (2021) on June21, 2021, and Justice Kavanaugh’s pointed admonition in concurrence that “[t]he NCAA is not above the law.” Id. at 112 (Kavanaugh, J., concurring).
25. During the same fifteen-year-period, the NCAA has simultaneouslyimposed a radical anti-woman agenda on college sports, reinterpreting Title IX todefine women as a testosterone level, permitting men to compete on women’steams, and destroying female safe spaces in women’s locker rooms by authorizingnaked men possessing full male genitalia to disrobe in front of non-consenting college women and creating situations in which unwilling female college athletesunwittingly or reluctantly expose their naked or partially clad bodies to males, subjecting women to a loss of their constitutional right to bodily privacy.
26. Promoting policies that deprive women of equal opportunities and safe spaces in collegiate sport appears to facilitate the NCAA’s goal of retaining control of the monetization of college sport.
27. Through the NCAA’s transgender eligibility policies (the“Transgender Eligibility Policies”) the NCAA has aligned with the most radical elements of the so-called diversity, equity, and inclusion agenda on college campuses, facilitating the NCAA’s effort to shore up its flagging on campus approval ratings in furtherance of the NCAA’s relentless drive to monetizecollegiate sport, and diverting attention from the financial exploitation of college
athletes by NCAA colleges and universities, all at the expense of female student-
athletes.
58. Most importantly, the NCAA Transgender Eligibility Policies asapplied to every single NCAA women’s sport are grounded in the same illegal premise: that testosterone suppression and personal choice alone can make a male eligible to compete on a women’s sports team.
63. Moreover, the NCAA’s Transgender Eligibility Policies are not sex neutral in operation but disproportionally burden female athletes by reducing female competitive opportunities, forcing female athletes to compete against males in sex-separated [women's] sports, depriving women of equal opportunities to protect their bodily privacy, and authorizing males to access female safe spaces necessary for women to prepare for athletic competition, including showers, locker rooms and restrooms.
