A federal judge ruled Monday that a member of the San Jose State women’s volleyball team, who’s been at the center of a transgender controversy, can participate in the Mountain West Conference tournament that begins Wednesday, according to The New York Times.
Judge S. Kato Crews, an appointee of President Biden to the U.S. District Court in Colorado, made the decision amid a national transgender controversy over Blaire Fleming, a redshirt senior who joined the Spartans in 2022.
“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.”
The ruling came in the wake of a lawsuit filed by players — including some affiliated with San Jose State —along with Melissa Batie-Smoose, the suspended associate head coach for the Spartans, who alleged she was threatened by the university to stay quiet about the situation.
Batie-Smoose was suspended earlier this month after she filed a Title IX complaint claiming SJSU’s transgender-inclusion policy created a toxic environment for female athletes and accused the university of overtly showing favoritism for Fleming, according to a complaint obtained by Quillette.
The Mountain West women’s volleyball championship also features Fresno State, San Diego State, Utah State, Boise State and Colorado State.
Boise State and Utah State, among other teams, previously canceled games this season against the Spartans, a Division I team, giving SJSU six wins by forfeit.
The plaintiffs argued that allowing the player to participate in the tournament would discriminate against women by denying them equal opportunities, and requested an injunction to forbid them from competing.
Fleming has not addressed the matter publicly.
San Jose State has not yet confirmed if the women’s volleyball team has a transgender player, citing educational privacy laws, according to The New York Times.
Brooke Slusser, the Spartans’ team co-captain and Fleming’s former roommate, previously spoke out against Fleming during the regular season and was a part of the lawsuit.
In an interview with OutKick, Slusser, a junior starting setter, said she and her team are worried about who will protect their voice after Batie-Smoose’s suspension.
The Spartans hold the No. 2 seed and have a first-round bye in the championships.
