A Texas judge on Tuesday night issued an injunction trying to force NCAA to implement mandatory gender tests to keep trans athletes out of women’s sports.

Lubbock County judge Les Hatch, a Republican, president of a hearing created by Texas Attorney General Ken Paxton, who sued NCAA for his recently revised gender eligibility policy.

NCAA revised its policy in February to comply with President Donald Trump’s executive order to ban trans athletes from women’s and girls’ sports, and now a decision that any biologically male athlete is not entitled to compete in the women’s category. However, Paxton and many women’s rights activists claimed that the policy is not doing enough to keep trans athletes out of women’s sports, and mandatory sex testing is needed to enforce the ban.

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Paxton, along with three former female collegial athletes, were influenced by trans -cluttering. Former San Jose State University -Volleyball player Brooke Slusser, former University of Kentucky -Swimming Kaitlynn Wheeler and former North Carolina State University Kylee Alons testified everyone and shared their own experiences of competing with trans athletes.

Slusser shared his experience of sharing a team, changing room and bedroom with former teammate Blaire Fleming, while Wheeler and Alons shared their experiences competing with the former University of Pennsylvania Swimmer Lia Thomas.

However, Paxton’s arguments and the testimonies of the female athletes were not enough to convince Hatch to rule in favor of the proclamation.

NCAA made a statement to Pakinomist Digital, which addresses Tuesday’s decision.

“The Trump administration has made it clear that the new NCAA policy is in line with the holding men out of women’s sporting order. NCAA is looking forward to another championship season that will start for thousands of female student athletes competing for national titles,” the statement said.

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Trump himself has not commented on the controversy of the lack of sex tests in NCAA. The president last dealt with NCAA’s policy with praise after it was changed in a true social speech on February 6th.

“Due to my executive order, which I proudly signed yesterday, NCAA has officially changed their policy of allowing men in women’s sports – it is now forbidden! This is a wonderful day for women and girls throughout our country,” Trump wrote.

Critics of NCAA’s current policy have claimed that depending on birth certificates could allow trans athletes to gain access to women’s competition through changed birth certificates.

In the United States, 44 states allow birth certificates to change to change a person’s birth sex. The only states that do not allow this are Florida, Texas, Kansas, Oklahoma, Tennessee and Montana. There are 14 states that allow sex on a birth certificate to change without required medical documentation, including California, New York, Massachusetts and Michigan.

NCAA told former Pakinomist Digital changed birth certificates will not be accepted as adequate evidence to compete in women’s sports.

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Meanwhile, Slusser’s mother, Kim Slusser, who also testified during the hearing, Pakinomist Digital told Hatch’s decision was a “disappointment” but she plans to “continue to fight.”

“All our little matches, which are not small blows, they are big for us, I feel like we kind of losing along the way, and unfortunately I felt kind of that way. I was like ‘oh, this will be someone else,’ and sure enough is it,” Kim Slusser said. “But we continue to fight on, we continue, we know we will win the big one in the end and it is a disappointment. It’s a disappointment.”

Brooke Slusser is engaged in two separate litigation about the alleged situation in San Jose State. She has joined another lawsuit against NCAA on her previous sex eligibility policy with Alons, Wheeler and led by Riley Gaines. In addition, Slussing is also currently leading a lawsuit against SJSU and Mountain West Conference along with 10 other conference players and her former assistant coach Melissa Batie-Smoose over the handling of Fleming.

Paxton also leads another lawsuit against NCAA over his previous politics. Paxton filed this trial in December and accused NCAA of “engaging in false, misleading and misleading practice by marketing sporting events such as ‘women’ competitions only and then giving consumers mixed gender competitions where biological men compete against biological women.”