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San Jose State women’s volleyball star Brooke Slusser warned the NCAA after Texas Attorney General Ken Paxton filed a lawsuit against the organization over transgender inclusion in women’s sports.

Paxton filed the lawsuit on Sunday, accusing the organization of deceptive marketing practices for allowing transgender women to compete against biological females. Paxton said in a news release the NCAA violated the Texas Trade Practices Act "which exists to protect consumers from businesses attempting to mislead or trick them into purchasing goods or services that are not as advertised."

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Brooke Slusser poses

San Jose State Spartans player Brooke Slusser has a lawsuit filed against the team. (Courtesy of San Jose State Athletics)

Slusser, who was a part of a lawsuit against her own school and the NCAA for allowing a transgender woman on the Spartans’ roster this season, posted about Paxton’s suit.

"Hey NCAA, just in case you haven’t realized yet this fight will just keep getting harder for you until you make a change!" Slusser wrote on X.

Slusser and other plaintiffs had asked a judge to grant an injunction to prohibit Blaire Fleming from competing in the Mountain West Conference women’s volleyball tournament last month, but they were denied.

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Ken Paxton

Texas AG Ken Paxton filed the lawsuit on Sunday. (Dylan Hollingsworth/Bloomberg via Getty Images)

San Jose State made it to the finals of the tournament but lost to Colorado State.

Paxton accused the NCAA of "engaging in false, deceptive, and misleading practices by marketing sporting events as ‘women’s’ competitions only to then provide consumers with mixed sex competitions where biological males compete against biological females."

"The NCAA is intentionally and knowingly jeopardizing the safety and well-being of women by deceptively changing women’s competitions into co-ed competitions," Paxton said in a statement. "When people watch a women’s volleyball game, for example, they expect to see women playing against other women – not biological males pretending to be something they are not. Radical ‘gender theory’ has no place in college sports."

Paxton said he was seeking a court to grant a permanent injunction to prohibit the NCAA from allowing transgender athletes in women’s sports in Texas or "involving Texas teams, or alternatively requiring the NCAA to stop marketing events as ‘women’s’ when in fact they are mixed sex competitions," the news release said.

Charlie Baker in August 2024

Charlie Baker, president of the NCAA, speaks during a press conference on Aug. 13, 2024, at the NCAA headquarters in Indianapolis. (Michelle Pemberton/IndyStar/USA Today Network)

The NCAA released a statement to Fox News Digital later Sunday.

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"College sports are the premier stage for women’s sports in America, and while the NCAA does not comment on pending litigation, the Association and its members will continue to promote Title IX, make unprecedented investments in women’s sports and ensure fair competition in all NCAA championships," the organization said.

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