A federal judge ruled on Monday that a San Jose State women's volleyball player, involved in a transgender controversy, will be allowed to compete in the Mountain West Conference tournament which starts Wednesday, as reported by The New York Times.
Judge S. Kato Crews, appointed to the U.S. District Court in Colorado by President Biden, issued the decision amid nationwide debate surrounding Blaire Fleming, a redshirt senior who joined the Spartans in 2022. Several opponents refused to play against the Spartans this season, citing safety concerns regarding the player. As a result, the team secured seven wins through forfeits and has now advanced to the postseason with a 12-6 record.
Fleming Allowed to Compete
"San José State University will continue to support its student-athletes and reject discrimination in all forms," the university said in a statement to OutKick after the ruling. "All San José State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules.
"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."
Several players from schools including some affiliated with San Jose State —along with Melissa Batie-Smoose -- had filed a lawsuit to prevent the redshirt senior from competing in the tournament, even before some of Fleming's teammates joined the effort.
Batie-Smoose was suspended earlier this month after submitting a Title IX complaint, alleging that SJSU's transgender-inclusion policy fostered a toxic environment for female athletes and accusing the university of showing clear favoritism toward Fleming, according to a complaint obtained by Quillette.
The Mountain West women's volleyball championship also includes teams from Fresno State, San Diego State, Utah State, Boise State, and Colorado State.
Not an End to the Controversy
Boise State and Utah State, along with other teams, had previously canceled games against the Spartans this season, a Division I team, resulting in six forfeit wins for SJSU. The plaintiffs argued that allowing the player to compete in the tournament would be discriminatory to women by denying them equal opportunities, and they sought an injunction to prevent her from participating.
Fleming has not publicly commented on the issue.
San Jose State has not confirmed whether the women's volleyball team includes a transgender player, citing educational privacy laws, according to The New York Times.
Brooke Slusser, the Spartans' co-captain and Fleming's former roommate, had previously spoken out against Fleming during the regular season and was involved in the lawsuit.
In an interview with OutKick, Slusser, a junior starting setter, expressed concerns about who will advocate for their voices following Batie-Smoose's suspension.
The Spartans are currently ranked No. 2 and have earned a first-round bye in the championships.
