FEATURED
Religious liberty group says law could override protections against men in sports, while America First Policy Institute says bill needs no clarification
A pending bill to establish a federal framework for endorsement deals for college athletes is facing pushback from some conservative groups who worry ambiguous language could be used to allow for transgender competitors.
The Protect College Sports Act, set for votes in mid-September, largely focused on how colleges and athletes are allowed to create “name, image, and likeness” deals. These allow student-athletes to take sponsorship money. The bill has bipartisan backing, sponsored by Senator Ted Cruz (R-TX) and Senator Maria Cantwell (D-WA).
Alliance Defending Freedom fears certain language can be exploited to override laws in 27 states that currently prevent males from competing in women’s sports.
“The bill sets general eligibility rules for college athletes and then preempts states from maintaining their own eligibility rules, which could include laws saying men are ineligible for women’s teams,” CEO Kristen Waggoner stated in a news release
She said the fix is “simple.”
“Every senator who cares about women’s equal opportunity should act immediately to clarify that this bill does not preempt states’ laws protecting women’s sports,” Waggoner said.
We respectfully disagree with our friends at @A1Policy about the current version of the Protect College Sports Act and its potential impact on women’s sports.
Two thoughts on their fact sheet currently making the rounds in DC:
1) If you intend the preemption to be narrow, then…
— Alliance Defending Freedom (@ADFLegal) August 7, 2026
Legislators must “[e]nsure the preemption of state laws is narrow,” saying “[t]here’s no room for ambiguity.”
Waggoner noted: “We are living in a moment where lawyers can’t even define what a woman is.”
Alliance Defending Freedom did not respond to an email and phone call in the past several weeks asking for comment.
America First Policy Institute says no further clarification is needed.
“The Protecting College Sports Act should be judged on what it actually does: save college sports, protect opportunities for women, preserve scholarships, and hold a broken system accountable,” Executive Vice President Ashley Hayek told The Fix via email.
“Trying to derail legislation over language that both the White House and the Senate Commerce Committee have deemed unnecessary distracts from the real stakes,” she continued. “The priority is simple: pass reform, protect Title IX opportunities, hold the NCAA accountable, and save college sports for the next generation.”
Sen. Cruz’ office similarly said it is “straight-up wrong” to say his bill would undermine the “27 states, including Texas,” which prohibit males from competing in women’s sports.
The bill explicitly protects girls’ sports and enhances the protections established under Title IX,” his office told The Fix via email. “This legislation is about protecting hundreds of thousands of student athletes, including women who are seeing their sports canceled year after year.”
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