A case centered on the Title IX rights of women to have male-free sports has been thrown out by a Biden-appointed judge, leaving Riley Gaines and the Independent Council on Women’s Sports (ICONS) determined to appeal.

Gaines and over a dozen female former college athletes filed the lawsuit funded and supported by ICONS in March 2024, claiming that the NCAA broke Title IX safeguards by allowing men to participate in women’s sports and infiltrate locker room spaces.

Gaines said in a statement on Tuesday, “This momentary setback will not deter me or other women athletes in the least. Rest assured, we will be appealing this decision. We are on the side of truth. I am confident Americans will rally to our side to fight the NCAA. Working together, we will defeat the NCAA’s continuing efforts to trample women’s rights in sports.”

U.S. District Judge Tiffany R. Johnson of the Northern District of Georgia on Monday dismissed the case, ruling that the NCAA does not have to abide by Title IX standards since it does not directly receive federal funding, which is a “prerequisite for liability under Title IX,” Fox News reported.

Johnson wrote, “Here, there is no evidence that the NCAA ever received, or could have received, federal funds. Thus, Plaintiffs’ Title IX claims cannot proceed.”

“Judge Johnson accepted the NCAA’s argument that the NCAA is not subject to Title IX and dismissed the case Gaines v. NCAA, brought by women college athletes seeking to hold the NCAA responsible for granting men access to women’s sports and private locker rooms,” ICONS said in a statement. “This decision removes all protections for women in NCAA collegiate competition across the country and underscores the vulnerability of women’s sports until court victories are secured.”

ICONS Co-Founder Kim Jones, a former NCAA All-American tennis player, insisted that Johnson was wrong in her ruling. “We believe the district judge erred and that the Court of Appeals will find that the NCAA, which is the controlling body of college sports for more than 1,100 member schools, almost all of which are federally funded, is subject to Title IX. We will not give up our fight for women and girls’ rights in sports.”

CEO and President of Concerned Women for America Penny Nance remarked that she is appalled by Johnson’s decision, and that it is “inexcusable for a judge to rule that the NCAA is above the law, and that a man’s identity takes priority over women’s rights.”

She continued, “This ruling effectively upholds the NCAA’s repulsive policy enabling sexual harassment and discrimination against female athletes. We are disgusted that the NCAA is lobbying for federal protections but refuses to protect female athletes. We will not back down from this fight in support of female athletes.”

The case comes at a time when far-left political candidates refuse to define what a woman is and affirm biological reality. A poll by Concerned Women for America found that “69% of Americans believe it is very or somewhat important in deciding who to vote for in this election that candidates oppose forcing female athletes to participate in sports and share locker rooms with biological boys/men identifying as girls/women.”

Nance continued, “Whether or not the NCAA takes federal funding, it directly benefits from the participation of its 1,100-plus member institutions, all of which are required to comply with Title IX. If the NCAA doesn’t comply with Title IX, no university should be allowed to be a member of the NCAA.”

“U.S. Senate passage of the Protect College Sports Act, along with this new ruling, exposes the glaring disconnect with federal civil rights law that Congress must address,” she added. “The NCAA continues to violate the rights of female athletes, but it should not be allowed to do so.”

The plaintiffs must file their notice of appeal in the next 30 days to the U.S. Court of Appeals for the 11th Circuit.

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This article was written by Quinn Delamater and originally published on The Washington Stand. For more content like this, visit Real Life Network.