A trans-identifying male volleyball player will be allowed to continue to play on the San Jose State women’s team, a judge ruled on Monday, just days before the conference tournament begins.
Federal Judge S. Kato Crews, a Biden appointee, ruled that Blaire Fleming, a man who identifies as a woman, could continue playing after multiple players for other college teams filed a lawsuit seeking to prevent Fleming from competing against women, The New York Times reported.
“San José State University will continue to support its student-athletes and reject discrimination in all forms. All San José State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules,” the school said in a statement to Outkick. “We are gratified that the Court rejected an eleventh-hour attempt to change those rules. Our team looks forward to competing in the Mountain West volleyball tournament this week.”
San Jose State is preparing to compete in the Mountain West Conference tournament on Friday and will play the winner of Utah State vs. Boise State, two teams that have forfeited matches against San Jose State over Fleming being allowed to play against women. A win for Fleming and San Jose State on Friday would put the team in the conference championship game on Saturday.
A total of four teams in the Mountain West and a team in another conference forfeited against San Jose State during the regular season, opting to take losses instead of forcing female players to compete against a man. After Utah State and Southern Utah forfeited against San Jose State last month, Utah Republican Gov. Spencer Cox wrote, “I stand with the students, coaches and leadership at @SUUtbirds and @USUAggies in their decision to forgo their women’s volleyball matches against San Jose State.”
“It is essential that we preserve a space for women to compete fairly and safely,” Cox added. “Our female athletes are left grappling with this difficult issue because the NCAA has failed in its responsibility to protect female athletes and women’s sports. It’s time for the NCAA to take this seriously and protect our female student athletes.”
The plaintiffs in the lawsuit, which includes San Jose State co-captain Brooke Slusser, argue that their Title IX rights are being violated as Fleming is allowed to compete with and against them. The lawsuit also alleges that Fleming was given a scholarship over female athletes. San Jose State assistant coach Melissa Batie-Smoose was suspended after filing her own Title IX complaint against the university alleging it was showing favoritism to Fleming, Fox News reported.
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