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Governor tells Utah State U. to join case challenging males in women’s sports

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Utah GOP leaders say athletics conference’s transgender policy is ‘putting female athletes at risk’

Utah State University just asked a federal court to join a lawsuit challenging a Mountain West Conference policy that allows male athletes to compete in women’s sports.

The public university filed the petition Monday after Gov. Spencer Cox, state House Speaker Mike Schultz, and state Senate President Stuart Adams issued a joint statement calling on the institution to get involved, The Post Millennial first reported.

“Female athletes deserve the right to a safe playing field, fair competition and equal opportunities,” the Republican leaders stated.

Schultz told The Post Millennial the university planned to have the “petition filed with the courts [Monday] afternoon.”

Utah State’s is one of five women’s volleyball teams that recently forfeited games to San Jose State University due to a male athlete who identifies as transgender on the team, The College Fix reported last month.

Now, female athletes from the universities are suing the conference over its new “Transgender Participation Policy.” Kaylie Ray, co-captain of the women’s volleyball team at Utah State, is a plaintiff.

Ray told The Post Millennial that she is proud of her university — the first in the country “to intervene in a lawsuit to support the rights of women in college sports.”

“Until today, college women athletes have stood alone against the combined discrimination of the NCAA and every college athletic conference in the country that follows the NCAA’s misguided policies that allow men to compete against women in college sports,” Ray said. “… Hopefully, Utah State’s action will motivate a flood of schools and college athletic conferences to renounce the NCAA’s anti-women policies.”

Earlier Monday, in their joint statement, the governor, Schultz, and Adams said they believe Utah State University should ask the court to join the case.

“The NCAA, Mountain West Conference and other institutions across the nation have failed to take action, thereby undermining vital protections and putting female athletes at risk,” they said. “We will continue to defend our female athletes and the integrity of our athletic programs.”

The university media relations office did not immediately respond to a request for comment from The College Fix on Monday, asking about the lawmakers’ statement.

The lawsuit, filed last week, accuses San Jose State officials and the athletic conference of violating female athletes’ equality and free speech rights, Outkick reported.

It challenges a “Transgender Participation Policy” and games marked as forfeitures after a number of female athletes refused to play, citing concerns about San Jose State women’s volleyball player Blaire Fleming, a biological male.

Plaintiffs in the case also include San Jose State co-captain Brooke Slusser and associate head coach Melissa Batie-Smoose, who was suspended after filing a complaint in relation to the transgender athlete’s participation, according to a College Fix report last week:

The lawsuit alleges the conference created a “Transgender Participation Policy” in September to “chill and suppress the free speech rights of women athletes.”

Under the policy, a refusal to compete against another team because of an “eligible transgender student-athlete(s)” will be considered a forfeit and a win for the opposing team. This affects teams’ records and ability to participate in championships.

Additionally, the policy states that schools are not obligated to disclose if an athlete is transgender, even if another team asks.

Editor’s note: The story was updated to include information about the university filing a petition to intervene in the lawsuit and comments by athlete Kaylie Ray.  

MORE: Volleyball players sue athletic conference over transgender policy, forfeitures

IMAGE: Utah state Rep. Mike Schultz/X

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About the Author
Micaiah Bilger is an assistant editor at The College Fix.