By James Sutherland on SwimSwam
Texas Attorney General Ken Paxton has launched an investigation into U.S. Masters Swimming after the organization allowed a transgender swimmer to compete in women’s events at the 2025 Spring Nationals held last month in San Antonio.
In a press release issued Monday, the Attorney General’s office said the investigation will determine if U.S. Masters Swimming “engaged in false, deceptive, and misleading acts and practices.”
“The policy of U.S. Masters Swimming, which allows men to compete in women’s events, is reprehensible and could violate Texas’s consumer protection laws,” said Paxton.
“Not only is this policy insulting to female athletes, but it also demonstrates deep contempt for women and may violate Texas law. I will fight to stop these unfair policies and never back down from defending the integrity of women’s sports.”
The announcement comes after Ana Caldas, a transgender woman, won five events in the women’s 45-49 age group at the 2025 USMS Spring Nationals.
The 47-year-old won the 50 free (24.17), 100 free (53.16), 50 breast (29.74), 100 breast (1:06.69) and 100 IM (1:01.72).
Caldas, who has competed in the women’s division in CrossFit competitions dating back to 2012, was previously a competitive swimmer in the male division in the early 2000s before transitioning.
Ahead of the 2025 CrossFit Games season, the organization changed its rules dictating that athletes must now compete in the category that matches their sex at birth.
U.S. Masters Swimming, however, “allows transgender swimmers to participate in the gender competition category in which they identify.”
This differs from the rules put in place by the likes of World Aquatics, which only makes trans women eligible to compete in the women’s category if they have not experienced any part of male puberty beyond Tanner Stage 2 or after age 12, whichever is later. USA Swimming’s policy requires evidence that the athlete has maintained a testosterone level less than 5 nmol/L for a minimum period of 36 months, and there also needs to be evidence proving the athlete’s prior physical development as a male does not give them a competitive advantage.
The NCAA recently changed its transgender policy to align with the “Keeping Men Out of Women’s Sports” executive order signed by U.S. President Donald Trump, which disallows any trans women from competing in the women’s division.
Caldas’ performances last month have led to numerous calls for U.S. Masters Swimming to change its transgender policy, including The Independent Council on Women’s Sports (ICONS) writing a letter to the USMS Board about the situation.
“There is no length of time during which testosterone suppression eliminates male advantage; therefore, it should not serve as a guideline permitting men to compete in women’s swimming. At a minimum, it is USMS’s responsibility to enforce its current policy,” ICONS wrote.
Texas’ consumer protection laws prohibit a long list of deceptive trade practices and any “unconscionable action or course of action,” which is anything that takes advantage of a person’s lack of knowledge, ability, experience or capacity. It could be ruled that there was a violation if it is argued that female athletes were misled about the fairness or rules of the competition, for example.
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