Rep. John McGuire’s “Riley Gaines Act” Would Open Pathway For Athletes To Sue Colleges That Allow Trans Women In Sports
If the bill becomes law, schools that allow trans women athletes to compete could face lawsuits brought by female athletes for damages over physical harm, and loss of scholarships or professional opportunities.
Featured Image: Riley Gaines speaks outside the US Supreme Court as justices hear arguments in challenges to state bans on transgender athletes in women’s sports on January 13, 2026, in Washington, DC (Photo by Oliver Contreras / AFP via Getty Images)
Representative John McGuire (R-VA) has introduced the Riley Gaines Act which per his press release, “stands up for women who have been sidelined, injured, or lost professional opportunities and scholarships after being forced to compete against biological male athletes.” The bill was named after former NCAA swimmer Riley Gaines, who assisted McGuire in its crafting.
The bill seeks to allow civil actions against institutions of higher education and athletic associations that “negligently or recklessly allow a biological male athlete to compete in female-only athletic competitions, resulting in harm to female athletes.” The idea is to provide a legal pathway to allow (non-trans) female athletes to sue for physical injury or other damages, as well as attorney’s fees—if they believe they’ve suffered damages as a result of a trans athlete’s participation.
Related: Supreme Court Takes Up Transgender Sports Bans This Week In Landmark Cases
The measure cites what it describes as “inherent physiological advantages of the biologically male student athlete.” Examples of this, per McGuire’s interview with WSET ABC 13: denser bones and stronger muscles.
“Female athletes deserve to feel safe and protected in the sports they love”, McGuire said in his press release. “Instead they are at risk of serious injury and losing scholarships and professional opportunities due to the unfair advantage created by competing against a male in a female sport.”
“The Riley Gaines Act is about one thing: accountability,” said Riley Gaines, who has been vocal in her opposition to participation by trans athletes in women’s sports, since the controversy surrounding the 2022 NCAA swimming championships, when Gaines tied with trans competitor Lia Thomas for 5th place in the 200-yard freestyle. “If colleges and athletic associations knowingly or recklessly put women in harm’s way, they shouldn’t be shielded from the consequences. When a female athlete loses a scholarship, a roster spot, or suffers a physical injury because institutions ignored biological reality, there must be a path to justice.”
The bill (H.R. 7368), which is co-sponsored by Congresswoman Kat Cammack, has been introduced in the House of Representatives. It must now pass both chambers of Congress to become law. If it passes, it would be considered federal legislation, and would allow female athletes to bring civil actions in any Federal district court for damages.
