An attempt to block a transgender volleyball player from taking part in an upcoming collegiate conference has failed, as a judge ruled Monday that San Jose State University athlete Blaire Fleming may take part over objections of activists concerned about safety and fairness for women’s sports.
Federal Judge Kato Crews denied a motion against the Mountain West Conference seeking to rule Fleming ineligible to play, ESPN reported, noting the tournament starts Wednesday.
The lawsuit had alleged the conference created a “Transgender Participation Policy” in September to “chill and suppress the free speech rights of women athletes.”
“The lawsuit was filed Nov. 13 by SJSU co-captain Brooke Slusser, SJSU associate head coach Melissa Batie-Smoose and 10 other current and former Mountain West volleyball players. It asked for emergency injunctive relief to render an SJSU volleyball player, who is alleged to be transgender, ineligible,” ESPN reported.
“…All San Jose State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules,” the university said in a statement. “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.”
Many universities’ women’s volleyball teams in recent months have forfeited rather than play against SJSU and its male player. The lawsuit also “sought to have forfeits rescinded, the standings adjusted and Fleming banned from the tournament citing First Amendment and Title IX violations,” Fox News reported.
The ruling means the forfeits remain as losses, the outlet reported, adding “Boise State, Wyoming, Utah State and Nevada were among the Mountain West schools to cancel games against San Jose State over Fleming’s presence on the team. Those games resulted in forfeits and losses, while it helped the Spartans to a No. 2 seed in the conference tournament.”
Outkick reported that “San Jose State finished the regular season 12-6 in conference play, with six of those victories coming via forfeit.” Some fans are reportedly “outraged” that SJSU made it to the playoffs thanks to forfeits and a male player.
MORE: Volleyball players sue athletic conference over transgender policy, forfeitures
IMAGE: San Jose State University
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