Two weeks ago, volleyball players from across the Mountain West Conference filed a lawsuit to stop San Jose State University’s transgender student-athlete, Blaire Fleming, from competing in the playoff tournament. Yesterday, the judge in the case finally handed down his decision that Fleming would be allowed to compete in the tournament.
According to ESPN, federal Judge Kato Crews of Colorado, “denied a motion for injunctive relief in a lawsuit by college volleyball players against the conference.”
Crews wrote that the players request, “was not reasonable” and “would risk confusion and upend months of planning and would prejudice, at a minimum, (San Jose State) and other teams participating in the tournament.” Kato continued, “The movants have failed to meet their burden to show irreparable harm, a likelihood of success on the merits, or that the balance of harms or equities is in their favor.”
Related: Volleyball Players Sue Mountain West Over Transgender Player Controversy
The plaintiffs, a dozen women in the Mountain West Conference including Brooke Slusser, alleged violations to Title IX. They wanted the forfeits by other teams overturned, therefore shifting the conference standings going into the playoff tournament. They also wanted Fleming banned from play.
Several of these women are also involved in a Title IX lawsuit against the NCAA to change the rules surrounding transgender women in college sports.
SJSU said in a statement, “San Jose State University will continue to support its student-athletes and reject discrimination in all forms. All San Jose State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules.”
The Mountain West Conference volleyball playoff tournament is set to begin on Nov. 27 in Las Vegas. SJSU has a first-round bye due to their second-place ranking, and the team is scheduled to face off against Utah State or Boise State, two teams that forfeited against SJSU earlier this season. As a result of Judge Crews’ decision, Fleming will compete in the team’s first match.
