Controversial Ruling Allows Transgender Volleyball Player to Compete in Mountain West Tournament
In a recent decision that has sparked heated debate, Federal Judge S. Kato Crews denied a motion to prevent Blaire Fleming, a transgender women’s volleyball player at San Jose State University (SJSU), from participating in the upcoming Mountain West Conference tournament.
The ruling, issued on Monday, has ignited controversy and backlash from various quarters, including women’s sports activists and social media users.
The Court’s Decision
Judge Crews, appointed by President Biden in January, rejected the request for injunctive relief filed by a group of college volleyball players against the conference.
The plaintiffs, including SJSU co-captain Brooke Slusser and other athletes from Mountain West schools, alleged Title IX and First Amendment rights violations.
In his ruling, Judge Crews stated that the plaintiffs failed to demonstrate:
- Irreparable harm
- A likelihood of success on the merits
- That the balance of harms or equities was in their favor
The judge also noted that granting an emergency delay “was not reasonable” and would disrupt months of planning, potentially prejudicing SJSU and other participating teams.
Impact on the Tournament
As a result of this decision:
- Fleming will be allowed to play for the Spartans in the Mountain West Conference tournament and the remainder of the season.
- SJSU, seeded second in the tournament, retains its first-round bye.
- The team’s 12-6 record, which includes six wins by forfeit, remains intact.
Reactions and Backlash
The ruling has elicited strong reactions from various quarters:
- Riley Gaines, a women’s sports activist, criticized the decision, calling for removing “activist judges who refuse to uphold the law as it was intended”1.
- Social media users expressed displeasure, with some calling for a tournament boycott.
- Supporters of the plaintiffs attended the initial hearing in Denver, demonstrating the public interest in the case.
Background and Context
Fleming, a redshirt senior at SJSU, plays as an outside and right-side hitter on the women’s volleyball team. The player has been a standout performer, averaging 3.86 kills per serve, ranking third in the Mountain West.
During the regular season, four Mountain West teams—Boise State, Wyoming, Utah State, and Nevada—forfeited matches against SJSU. While the schools did not explicitly state their reasons, the Nevada players held a rally in October advocating for the exclusion of transgender women from women’s sports.
Legal and Policy Implications
The case raises complex issues regarding transgender athlete participation in collegiate sports:
- The Mountain West’s transgender participation policy has been in place since 2022.
- The conference stated that its policies “directly align with NCAA and USA Volleyball.”
- Utah State intervened to support the lawsuit, arguing that the Mountain West’s policy violates Title IX.
Looking Ahead
As the Mountain West tournament approaches, several questions remain:
- Will teams that previously forfeited matches against SJSU compete if they face the Spartans in the tournament?
- How will this ruling impact future cases involving transgender athletes in collegiate sports?
- What are the long-term implications for Title IX and women’s sports?
The tournament begins on Wednesday in Las Vegas, and SJSU will play the Utah State-Boise State game-winner on Friday. The winner of the Mountain West tournament will receive an automatic bid to the NCAA tournament, which begins on December 5.
As this contentious issue continues to unfold, it is clear that the debate surrounding transgender athletes in women’s sports is far from over, with legal, ethical, and competitive considerations at the forefront of the discussion.