Texas Attorney General Ken Paxton (R) has sued the national U.S. Masters Swimming (USMS) organization for allowing two trans women to compete in a San Antonio meet in April, accusing the group of “engaging in false, deceptive, and misleading practices” and “swindling countless women.”

The move follows an investigation of the sports organization launched by Paxton’s office in May to determine whether it had violated the state’s consumer protection laws by permitting transgender women to participate in events marketed as women’s sporting events. 

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Under that pressure, USMS 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, The Hill reports.

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The new policy would allow trans women to participate in women’s events, but they would not be eligible to receive “USMS records, Top 10, All-American, placing and scoring of points at all sanctioned events,” the publication wrote.

Paxton said in a statement accompanying his lawsuit that USMS’ revised rules were “too little, too late.”

“U.S. Masters Swimming cannot save itself from the damage that it has done,” Paxton wrote. “U.S. Master’s Swimming swindled countless women and it must be held accountable.” 

Paxton undertook his campaign against USMS following the winning performance of Ana Caldas, a 47-year-old trans woman from California, who won five individual national titles in the women’s age 45-49 division at the USMS national championship in April. Caldas earned victories in the 50- and 100-yard freestyle, 50- and 100-yard breaststroke, and the 100-yard individual medley.

The swimmer was fully eligible to compete by the USMS rules at the time.

Paxton lashed out at the group for ignoring President Trump’s executive order “Keeping Men Out of Women’s Sports,” issued February 5. The order directed all sports governing bodies to ban trans women from competing against cisgender women, or else face government investigation and possible civil penalties.

“U.S. Masters Swimming’s insane policy of allowing men to participate in women’s competitions is both deeply unfair to female competitors and unlawful,” Paxton said. 

“The organization has cowered to radical activists pushing gender warfare, and it has deprived female participants of the opportunity to succeed at the highest levels by letting men win countless events.”

USMS said the lawsuit, which officials said they learned of through social media, was “disappointing.”

“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,” the organization said in a 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.” 

The U.S Supreme Court announced earlier this month that it will take up the question of whether states can ban trans women from female sports competition in its next term.

The announcement follows the court’s earlier refusal to hear two cases concerning laws barring trans women in women’s sports in Idaho and West Virginia, pending the outcome of lower court challenges.

Idaho passed the “Fairness In Women’s Sports Act” in 2020, but a 2023 court injunction blocked the law pending the outcome of a lawsuit by then-Boise State student Lindsey Hecox, a trans student-athlete who wanted to try out for the school’s cross-country team.

West Virginia passed their “Save Women’s Sports Act” in 2021. It was challenged in 2022 with a lawsuit by then 11-year-old Becky Pepper-Jackson.

Currently, 28 states have bans on trans athletes participating in sports that align with their gender identity, either in law or state policy through sports governing bodies. 

Paxton’s move against USMS aligns with the Trump administration’s intimidation campaign to bring states and school districts that refuse to comply with Trump’s executive order banning trans athletes in women and girls sports. Trump has used investigations by the Justice Department, Department of Education, and other federal agencies to enforce his order.

Paxton is under pressure to earn Trump’s endorsement in his troubled bid to unseat incumbent Sen. John Cornyn (R-TX). Paxton’s race has become especially rocky following the announcement last week that his wife was suing for divorce, citing “recent discoveries” and “biblical grounds” for their separation.

Paxton reportedly committed adultery against his wife over many years and took great pains to hide it from her.

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