Riley Gaines has vowed to take her legal battle against trans athletes competing in women’s sports all the way to the US Supreme Court after a federal judge threw out her landmark lawsuit against the NCAA – the governing body of college sports across America.
In a ruling on Monday, United States District Judge Tiffany R Johnson concluded the NCAA is not subject to Title IX – the federal law providing equal opportunity to men and women in school sports – because it does not receive federal funding.
The legal battle was triggered when Gaines and 15 other female athletes challenged the NCAA’s policies after trans swimmer Lia Thomas was permitted to compete against Gaines in the 2022 women’s national championships. Thomas won the 500-yard freestyle.
Through her suit, Gaines is fighting to establish permanent legal precedent protecting female categories from trans competitors.
Monday’s decision brought an end to more than two years of litigation inside federal courtrooms.
However, speaking exclusively to the Daily Mail, the former Kentucky swimmer said that despite the ruling, her fight is only just beginning and that the decision may help her fight the case on a bigger stage.
Riley Gaines has become the face of the fight against transgender athletes in women’s sports
Gaines sued alongside 15 other female athletes over the NCAA’s policies that permitted trans swimmer Lia Thomas to compete in the 2022 women’s national championships
‘I think in the immediate, of course, there’s that feeling of defeat,’ Gaines said. ‘I think that just comes from being an athlete and being someone who’s hyper-competitive. I don’t like not winning.’
Gaines continued: ‘But his is something that, honestly, I kind of wanted – because it means this case has more of a chance to be heard before the Supreme Court.
‘If the precedent we set could ultimately be the law of the land, that would be a dream situation. So of course there was that initial feeling of defeat, but then it was immediately, ‘Okay, reframe, let’s appeal.”
‘So we feel hopeful and we feel optimistic. All things considered, weirdly enough, we’re glad with the outcome that we saw with the judge dismissing the case.’
The case will now head to the 11th Circuit Court of Appeals, where the plaintiffs believe a more favorable bench will review the evidence of federal funding.
Because Judge Johnson sidestepped the core constitutional question – as to whether her rights were violated back in 2022 – Gaines believes the legal team has got a clear runway to establish a binding federal precedent.
‘Given the fact that they didn’t rule on if our rights were violated, I think there is some silver lining in that,’ Gaines said. ‘They’re not providing any context to the issue itself.’
Trans swimmer Lia Thomas and Gaines pictured after tying for 5th in the 200 Freestyle finals
Gaines has been at the center of the fight against transgender athletes in women’s sports
Gaines also hit out at the NCAA’s legal strategy, accusing college sports chiefs of exploiting federal civil rights legislation only when it serves their public profile.
‘If the NCAA isn’t subject to Title IX, then literally who the heck is?!’, Gaines questioned. ‘It’s just something that can be used whether it’s politically or culturally expedient to you.
‘Going back to that national championship, they were literally passing out shirts saying ’50 years of Title IX creating opportunities for women.’
‘But now, in the same breath, you’re telling me you don’t have to follow Title IX? When athletes – in particular female athletes – are affected by what I think were previously destructive Title IX policies, then you don’t want to claim it.’
The NCAA adjusted its participation policy in 2025 to restrict women’s competitions to athletes assigned female at birth – but Gaines maintained the fight will continue.
‘Their policy just resorts to things like birth certificates, which can be made fraudulent in 44 states and across the world.
‘So that’s certainly not an adequate way to determine someone’s sex if you can make your birth certificate reflect something that is not accurate.’
‘We want policy change, we want apologies and we want reinstatement of records, titles and finishes,’ Gaines said. ‘All of that to be had by their rightful female winners’.
The NCAA adjusted its participation policy in 2025 to restrict women’s competitions to athletes assigned female at birth – but Gaines maintained the fight will continue
Gaines, above with WNBA star Sophie Cunningham, vowed to appeal the court’s decision
Asked if she is ready to escalate the case to the nation’s highest court if the 11th Circuit upholds the dismissal, Gaines delivered an emphatic message.
‘Weirdly enough, I think that’s the goal,’ Gaines said. ‘I think we would welcome that opportunity. I say, bring it on.’
Reflecting on the personal toll of the years-long battle, Gaines admitted that fighting for the next generation of girls – including her own family – keeps her moving forward.
‘Especially when you have a daughter of your own,’ Gaines said. ‘Our daughter – like I said, it’s her birthday today – you think about her and her opportunities and what you want her to achieve. And even the fact I have a little sister who will likely play college sports – it’s like, you want the best for them. So it’s worth it.’
Mounting a full federal appeal and a potential Supreme Court petition would require immense financial backing, prompting Gaines to issue a public plea to top billionaires.
‘We’re not as well funded as the other side tends to be,’ Gaines conceded. ‘We don’t have backgrounds or degrees in fundraising, or knowing how to market this issue.
‘We need to identify individuals who have the capacity and who want to give. Whether that’s getting this in front of people like Bill Ackman or even Elon Musk – who of course are philanthropic people who care deeply about these issues’.
Leaders at the Independent Council on Women’s Sports (ICONS), which has spearheaded and backed the lawsuit from day one, echoed Gaines’ sentiments.
Gaines – who spoke to The Daily Mail on her daughter’s first birthday – admitted that fighting for the next generation of girls, including her own family, keeps her moving forward
Gaines called on the likes of Elon Musk to help fund ICONS’ ongoing legal battle
ICONS co-founder Marshi Smith labeled the district court’s dismissal dangerous for future generations of female competitors across collegiate programs.
‘I’ve just been weighing how catastrophic this decision is for female athletes if we were to stop today and let this lie and eliminate Title IX protections,’ Smith said.
‘The alternative is really setting a precedent that would destroy collegiate sports and also the model for all sports around and underneath it,’ Smith warned.
Fellow ICONS co-founder Kim Jones emphasized that the legal battle represents the only remaining route to force governing bodies to treat female athletes equitably.
‘We believe that the NCAA is absolutely subject to Title IX,’ Jones said. ‘You cannot outsource part of your educational responsibilities and just have the schools say now they’re exempt.’
Jones reiterated that the plaintiffs will rely heavily on public donations alongside high-net-worth backers to challenge the NCAA’s deep legal reserves.
‘The NCAA is spending millions and millions of dollars from their vast resources to tell women to go away and shut up,’ Jones said. ‘We are in the fight to the end.
‘So, please reach out to us if you want to support us. We need to let women in this country know that they’re not voiceless and that there are people fighting for them.’
