Trans San José State, U.S.A., volleyball player can compete, judge rules
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Trans San José State, U.S.A., volleyball player can compete, judge rules

November 28, 2024

A federal judge has ruled that a trans volleyball player at San José State University can continue to play on the women’s team.

Judge S. Kato Crews of the U.S.A. District Court for the District of Colorado made the decision just days before San José State was set to compete in a conference tournament with six other schools, according to ‘The Hill’. Four schools had previously forfeited games against the Spartans.

Athletes from five other universities in the Mountain West Conference, including San José State’s co-captain and a recently suspended assistant coach, filed a lawsuit on Nov. 13 to bar the player from competing. They argued that allowing her to play would violate Title IX and the equal protection clause of the 14th Amendment.

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The lawsuit also sought to change a conference policy that determined wins, losses, and forfeits when a team included a transgender player and aimed to reverse San José State’s regular season victories resulting from other teams refusing to play.

Teams in the Mountain West that forfeited this season did not explicitly state reasons, but University of Nevada, Reno players held a rally on Oct. 26 advocating against trans athletes in women’s sports.

Nevada volleyball players told OutKick they chose to forfeit a match against San José State because they did not want to participate in any event perceived as unjust to female athletes. The university, however, stated the players acted independently of the institution, which intended to hold the match as planned but later forfeited due to insufficient players.

The San José State player has competed on the volleyball team for three seasons but has not publicly discussed her identity, nor has the university commented. According to Crews’s ruling, it was undisputed that a trans woman is on the team.

In his ruling, Crews, appointed by President Biden, stated that appellate and Supreme Court precedents affirm that protections under Title IX and the 14th Amendment include transgender individuals, making the plaintiffs unlikely to succeed. He noted that the request for emergency intervention was unwarranted since the conference's trans policy has been in place since 2022.

Crews commented, “The Court finds the movants’ delay was not reasonable, there is no evidence to suggest they were precluded from seeking emergency relief earlier, and the rush to litigate these complex issues now over a mandatory injunction places a heavy lift on the [Mountain West Conference] at the eleventh hour.”

San José State expressed continued support for its student-athletes and commitment against discrimination. The university affirmed that all student-athletes meet NCAA and Mountain West Conference eligibility rules, welcoming the court’s rejection of last-minute rule changes and looking forward to the tournament.

The California State University System, which includes San José State, praised the ruling, emphasising its stance against discrimination. The Mountain West Conference also expressed satisfaction with the court's decision.

The plaintiffs are appealing Crews’s ruling. Attorney William Bock informed ESPN that the players intend to request further court intervention to protect women volleyball players competing for the conference championship.

This case has drawn attention as San José State University becomes central in the debate over transgender athletes, highlighted by Southern Utah University’s refusal to compete in September.

During an October town hall in Georgia, President-elect Trump referenced a viral video featuring the San José State player. “I never saw a ball hit so hard,” he remarked.

In a letter dated Nov. 18, 13 Republican senators and representatives urged the Mountain West Conference to revise its policies to disallow transgender women from participating in women's sports. They argued, “Permitting biological men to play in women’s sports is not equitable; it is an injustice,” and criticised the conference for its handling of the issue.

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