Paxton sues adult swimming organization that allowed trans women to compete in Texas race

Texas Attorney General Ken Paxton (R) sued an adult swimming organization Thursday after it allowed two transgender women to compete alongside cisgender women at a San Antonio competition in April. 

Paxton’s lawsuit against U.S. Masters Swimming, a national membership-based nonprofit for adults of varying skill levels, follows an investigation into the organization he announced in May to determine whether it violated Texas’s consumer protection laws by permitting transgender women to participate in events marketed as women’s sporting events. 

In July, under pressure from Paxton and public calls for the organization to ban trans women from competing, U.S. Masters Swimming implemented new interim eligibility rules that authorize swimmers to participate in events that best align with their gender identity but do not allow trans women to win competitive awards or titles, score points or be ranked in the women’s category. 

“This is all too little, too late,” Paxton, who is currently locked in a contentious Senate primary with incumbent Sen. John Cornyn (R-Texas), wrote in Thursday’s lawsuit. “U.S. Masters Swimming cannot save itself from the damage that it has done. U.S. Master’s Swimming swindled countless women and it must be held accountable.” 

The organization, according to Paxton’s lawsuit, violated Texas’s Deceptive Trade Practices Act by allowing transgender women to participate in women’s events at its Spring Nationals in San Antonio this year. During that competition, 47-year-old Ana Caldas, one of the trans women competing, placed first in her age group in five separate women’s races. 

Paxton said U.S. Masters Swimming had broken the state’s law because “consumers did not know that biological men were competing in the women’s events.” His office is seeking up to $10,000 for each alleged violation. 

In an emailed statement, U.S. Masters Swimming said it had been “cooperating fully” with the investigation launched in May and had not been contacted by Paxton’s office regarding the lawsuit. 

“USMS surprisingly learned yesterday via social media that the Texas Office of the Attorney General filed a lawsuit against USMS and the five [Local Masters Swimming Committees] that operate in the State of Texas. USMS is currently reviewing the allegations,” the group said. 

The statement reiterated the new interim policy preventing transgender women from receiving records or awards in the women’s category at U.S. Masters Swimming-sanctioned events. According to the organization’s website, its policy aligns with “applicable” rules set by World Aquatics, the international governing body for water sports. 

Transgender women are effectively banned from competing in World Aquatics events under a 2022 policy that allows only swimmers who transitioned before age 12 to participate in women’s events. 

“USMS is a national nonprofit community of adult swimmers focused on health and fitness. It is deeply disappointing to see our organization and individual members publicly targeted in a lawsuit that appears to be more about generating headlines than seeking justice,” U.S. Masters Swimming said in its statement. “USMS will continue to cooperate fully with the Texas Office of the Attorney General and to uphold the values that have guided our community for more than 50 years.” 

On Tuesday, Florida Attorney General James Uthmeier (R) also threatened legal action against U.S. Masters Swimming over its inclusion of transgender athletes, writing in a letter to CEO Dawson Hughes that the organization’s policy violates state discrimination and public nuisance laws and defies President Trump’s February executive order opposing “male competitive participation in women’s sports.” 

Paxton, who has served as Texas’s attorney general since 2015, has previously invoked state laws against false or deceptive business practices in arguing that transgender women should be barred from women’s competitions in Texas. 

In a 2024 lawsuit against the NCAA, Paxton claimed the organization violated Texas’s Deceptive Trade Practices Act by permitting transgender women to compete in events it marketed as women’s competitions. 

“Consumers purchase goods and services associated with women’s college sports because they enjoy watching women compete against women—not men competing against women,” he wrote in the lawsuit, filed in December in a Texas district court. 

The NCAA updated its eligibility rules in February to ban trans women following Trump’s executive order.