Indiana governor bans trans athletes in women’s sports, honors SJSU athlete who alleges lost scholarship

Indiana Gov. Mike Braun signed an executive order Tuesday to prohibit transgender athletes from competing in women’s college sports. He was joined by former San Jose State University volleyball player Elle Patterson, who claims she lost out on a scholarship to a trans athlete. 

Braun said his order ensures fairness in women’s sports in a news release.

“Women’s sports create opportunities for young women to earn scholarships and develop leadership skills,” Braun said. “Hoosiers overwhelmingly don’t want those opportunities destroyed by allowing biological males to compete in women’s sports, and today’s executive order will make sure of that.”

The order states, “This executive order mandates that Indiana’s state educational institutions must comply with the 2020 Title IX Rule rather than the 2024 Biden Administration reinterpretation that extended protections based on self-reported, ever-changing new idea of ‘gender identity.’

“The order ensures that female athletes in college sports are not forced to compete against biological males, preserving the integrity of women’s athletics and protecting opportunities for women in female-only sports leagues.”

Braun then signed another executive order that “rejects extreme gender ideology in favor of the scientific reality of biological sex” by reinforcing Indiana’s legal definitions for “sex,” “gender,” “women,” “male,” “citizen,” “individual” and “person.”

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“Today’s executive order will end any confusion about our state’s policy on this issue so we can focus on my goal to secure freedom and opportunity for all Hoosiers,” Braun said after signing the second order. 

Braun honored Patterson during the signing. Patterson joined a lawsuit against SJSU and the Mountain West Conference in November with 10 other conference players and one former assistant coach over its handling of transgender player Blaire Fleming. 

Patterson alleges the university did not fulfill previous verbal offers of a scholarship to her for the 2023 and 2024 seasons. Patterson says she even paid full tuition to play in 2023 after being told she would get a scholarship for 2024. However, the program did not make good on that offer either, she alleges, while Fleming got a full scholarship.

“Ultimately, Patterson informed Associate Head Coach Batie-Smoose and Head Coach Todd Kress that she was financially unable to pay for full out-of-state tuition, room and board at SJSU again in 2024 and therefore would be unable to return to the SJSU Team without a scholarship,” the documents state. 

“Nevertheless, Todd Kress remained firm in his position that Patterson would not receive a scholarship to play on the SJSU Team in 2024, and that Fleming would receive a full scholarship to play on the SJSU Team.”

Braun expressed sympathy for Patterson during his address Tuesday. 

“It’s just wrong, and leaders need to stand up for young women like Elle,” Braun said. “We need to protect their physical safety and the great opportunities that come with that athletic excellence.” 

The order comes just one day after the U.S. Senate failed to pass the Protection of Women and Girls in Sports Act. Despite getting 51 votes by the Republican majority, Democrats filibustered the bill with 45 votes against it. 

President Donald Trump signed an executive order to prohibit transgender athletes from competing in women’s sports Feb. 5. However, some Democrat-led states have so far refused to comply with the order. 

Braun has taken steps to ensure that does not happen in his state, joining Idaho Gov. Brad Little, who signed a similar executive order in August. 

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