Harvard University faces legal trouble for letting transgender athlete swim in women’s race

The federal lawsuit filed Tuesday claims that Harvard, Penn, the National Collegiate Athletic Association and the Ivy League violated federal law by allowing Lia Thomas, a “trans-identifying male swimmer,” to compete. Harvard was named as a defendant because it hosted the 2022 Ivy League championship on its campus.

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Thomas, who swam for Penn’s women’s team, won the 500- and 200-yard freestyle races, as well as the 200-yard freestyle and the 400-yard freestyle relay, setting league records.

The issue has galvanized conservatives in US politics, with President Donald Trump signing an executive action Wednesday that aims to keep transgender women from participating in female sports.

Last month, Trump signed an executive order saying it is “the official policy” of the US that there are only two sexes, male and female, and requiring agencies to give force to the definitions when applying statutes and regulations.

Harvard declined to comment on active litigation, while Penn and the Ivy League didn’t respond to an inquiry.

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The case sets up the latest court battle over Thomas, whose dominant national performances in 2022 focused national attention on the NCAA’s transgender eligibility policies. Last year, a group of swimmers led by Riley Gaines of the University of Kentucky, sued the NCAA in Atlanta federal court, claiming its transgender policies let schools subordinate women’s rights to “the interests of a relatively small number of men.” The case is pending.

The lawsuit asks a judge to declare that Harvard, Penn, the NCAA and the Ivy League violated Title IX of the Education Amendments of 1972, which bar discrimination based on sex in education programs or activities. It also asked the judge to declare that Thomas was ineligible to compete on Penn’s women’s team and to vacate her Ivy League records.

Former swimmers Grace Estabrook, Ellen Holmquist and Margot Kaczorowski filed the complaint Tuesday in Boston federal court.

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Meanwhile, elite colleges have been under assault for more than a year over antisemitism and free speech concerns. Universities are also undergoing massive changes in their sports programs after a Supreme Court ruling allowed student-athletes to profit off their name, image and likeness. Schools will be allowed to share athletic department revenue with their varsity athletes as part of a proposed federal court settlement. The Ivy League said last month it wouldn’t opt into the court settlement.

The case is Estabrook v. The Ivy League Council of Presidents, 25-cv-10281, US District Court, District of Massachusetts (Boston).