A federal judge ruled on Monday that Blaire Fleming, a member of the San Jose State women’s volleyball team at the center of a transgender controversy, is allowed to participate in the Mountain West Conference tournament. Judge S. Kato Crews, a Biden appointee to the U.S. District Court in Colorado, made the decision amidst ongoing national debates regarding transgender athletes. Fleming, a redshirt senior who joined the Spartans in 2022, has faced criticism for her participation in women’s sports.
San Jose State University expressed support for its student-athletes, affirming that all its athletes are eligible to compete under NCAA and Mountain West rules. The university rejected attempts to alter these rules, emphasizing its commitment to rejecting discrimination. “We are pleased that the court rejected a last-minute attempt to change these rules,” the university said in a statement.
The ruling follows a lawsuit filed by players, including some from San Jose State, as well as Melissa Batie-Smoose, the suspended associate head coach for the Spartans. Batie-Smoose, who was suspended earlier this month, filed a Title IX complaint claiming that the university’s transgender-inclusion policy created a toxic environment for female athletes. She also accused the school of favoritism toward Fleming.
Games being cancelled
This controversy has led to several teams, including Boise State and Utah State, canceling games against the Spartans, resulting in six forfeit victories for San Jose State. The plaintiffs argued that allowing Fleming to participate would discriminate against women athletes by denying them equal opportunities and requested an injunction to block her participation.
Fleming has not publicly addressed the issue. San Jose State has not confirmed whether Fleming is a transgender athlete, citing privacy laws. Brooke Slusser, a co-captain of the team and former roommate of Fleming, has been outspoken against her involvement and is part of the lawsuit.
Despite the ongoing legal battle, the Spartans hold the No. 2 seed in the tournament and have a first-round bye. The case continues to spark debate over transgender inclusion in women’s sports.
