Charlie Baker grilled by Josh Hawley over transgender athletes in NCAA women's sports

Rick Sobey, Boston Herald on Dec 17, 2024

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It’s probably safe to say that Charlie Baker won’t be inviting Josh Hawley to Christmas next week.

The former Massachusetts GOP governor, now NCAA president, was grilled by the Republican U.S. senator from Missouri during a Senate Judiciary Committee hearing on Tuesday.

Hawley took aim at Baker over transgender athletes being allowed to participate in NCAA women’s sports.

The senator — during the hearing about legalized sports gambling — asked Baker to clarify whether federal law requires the NCAA to permit trans athletes to play in women’s sports.

“No, I said there had been five cases in federal court in the past 18 months, and in all five of them, federal judges sided with participation,” Baker responded, later adding, “Federal judges have ruled on this.”

Hawley continued to interrupt Baker and challenged him, saying, “No federal court has ordered the NCAA to include biological men in women’s sports, right? There’s not a single case that has ordered the NCAA to do so, correct?”

Baker responded, “That’s pretty much what they decided.”

“No, don’t say pretty much,” Hawley fired back. “We’re talking about the law here… It’s not true that the NCAA has been ordered by any court, number one. It’s not true that federal law requires you to include biological males.

“In fact, Title IX explicitly says, ‘No person in the United States shall on the basis of sex be denied the benefits of any educational program or activity receiving federal financial assistance,’ ” Hawley continued. “You are in court at this moment arguing that Title IX doesn’t apply to the NCAA, which is astounding to me given the amount of federal money the NCAA gets.”

The senator noted that five women’s teams had forfeited NCAA conference games because a transgender athlete was playing on an opponent’s team.

“How is that not denying them the benefits of the sport?” Hawley asked Baker. “Why is this fair to women?”

Baker responded that a federal judge in that case ruled in favor of transgender athlete participation.

“This is your policy, which you will not defend, because frankly it’s indefensible,” Hawley said to Baker. “Why are you, Mr. Baker, why are you allowing biological men to play in women’s sports?”

“Because we believe that’s consistent with federal policy,” Baker responded.

The NCAA president also noted that the NCAA doesn’t take a dime in federal money.

“Is that why you’re arguing Title IX doesn’t apply to you?” Hawley asked.

“Yes, part of it, yes,” Baker said, adding, “We don’t believe we currently are, and federal court has affirmed that in a number of circumstances.”

“That’s absolutely amazing,” Hawley responded, later adding, “I can’t tell you how disappointed this makes me. But not just disappointed, frankly infuriated for the student-athletes who are suffering because of your policies, and you won’t even defend them. You won’t even take responsibility. It’s outrageous. It’s totally outrageous.”

After Donald Trump won last month, Massachusetts Democratic Congressman Seth Moulton faced heat when he said boys and transgender athletes have no place in girls’ sports.

Moulton in his criticized remarks told the New York Times that Democrats were “out of touch with the American people,” especially on transgender issues.

“I have two little girls. I don’t want them getting run over on the playing field by a male or formerly male athlete,” Moulton said. “But as a Democrat, I’m supposed to be afraid to say that.”

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