A federal judge dismissed most of a lawsuit brought by women’s volleyball players in the Mountain West Conference who were fighting to stop the conference from allowing transgender student-athletes to compete.
According to Courthouse News, district judge S. Kato Crews dismissed most elements of the lawsuit, denying to weigh in on transgender athlete participation in college sports, because recent changes to NCAA rules regarding transgender athlete participation “rendered much of the suit moot.” However, Crews did retain the Title IX claim, citing an impending ruling from the Supreme Court in Bostock v. Clayton County, which will call into question the application of Title IX to discrimination based on sexual orientation and gender identity.
“Plaintiffs do not allege that there is currently a transgender athlete playing volleyball in the Mountain West Conference,” wrote Crews in a 38-page opinion. “The NCAA changed its [transgender eligibility policy]. The policy now precludes student-athletes assigned male at birth from competing on women’s teams.”
In making this ruling, the judge cleared the Mountain West Conference of responsibility, but the California State University system would still be beholden to the Title IX claim.
Related: Transgender Women’s Volleyball Player Sparks Forfeits and Title IX Lawsuit
The original lawsuit was filed in 2024 against the conference and CSU system when teammates and competitors learned that Blaire Fleming, who played women’s volleyball for San Jose State University, was a transgender woman. Brooke Slusser, one of Fleming’s own teammates, spearheaded the lawsuit and was later joined by student-athletes from several other Mountain West Conference teams.
The plaintiffs were seeking for Fleming to be declared ineligible, SJSU’s wins to be vacated and any forfeits by competing teams to be overturned, including Boise State, Wyoming and Southern Utah State.
Judge Crews has been familiar with the controversy in the Mountain West Conference since the beginning. In Nov. 2024, Crews denied a motion for injunctive relief, allowing Fleming to participate in the Mountain West Conference championship tournament.
