A federal judge in Colorado ruled Monday that transgender volleyball player Blaire Fleming is eligible to play on the San Jose State University (SJSU) women’s team.
SJSU associate head coach Melissa Batie-Smoose and several female athletes filed the lawsuit on Nov. 13 alleging safety and fairness concerns and Title IX violations, according to court documents. U.S. District Judge S. Kato Crews denied the motion to revoke the player’s eligibility to compete in the Mountain West Conference (MWC) tournament stating emergency relief was unnecessary since the policy allowing transgender athletes has been in place since 2022.
“Even if the Court later finds in Plaintiffs’ favor on the claims which are the subject of the Emergency Motion, for the reasons shared above concerning the irreparable-harm factor, the threatened injury to the movants if an injunction issues is outweighed by the MWC’s interest in holding the upcoming MWC Tournament without an eleventh-hour shake-up to its currently planned structure,” Crews wrote in the court decision. “The tournament is set to begin in mere days, on November 27, and it has been scheduled to occur for ten months.”
Fleming’s presence on the team has drew public attention after multiple teams forfeited games against SJSU throughout the season due to the transgender player. The University of Nevada Reno team asked for their “right to safety and fair competition on the court be upheld” and refused “to participate in any match which advances injustice against female athletes.” (RELATED: Dem Who Scolded Party For Trans Issue Voted Against Protecting Girls’ Sports Last Year)
🚨 As we await the CO judge’s decision on a fair Mountain West women’s conference tournament in Vegas next week, Nevada’s Lt. Gov. SLAMS the MWC Commissioner, urging immediate action to “create a safe environment where women can compete without fear of injury.” Thank you… https://t.co/o3ij15qp8E
— ICONS (@icons_women) November 22, 2024
Batie-Smoose was indefinitely suspended just weeks prior for speaking out against the player in a move she stated was SJSU attempting to silence her.
“All San Jose State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules,” the university said in a statement, according to ESPN. “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.”
President Joe Biden in April attempted to rewrite Title IX protections to include gender identity, removing the distinction between men and women. The rule has been challenged in several courts.
SJSU did not immediately respond to the Daily Caller News Foundation’s request for comment.
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