(Maire Clayton, Headline USA) A Biden-appointed judge denied to disqualify a transgender volleyball player on the San Jose State University women’s team and ruled the Wednesday conference tournament would proceed as scheduled.
Judge S. Kato Crews also ruled losses due to forfeiting against SJSU during the normal season would not be removed, according to OutKick.
Twelve women, including some current student athletes, brought the lawsuit against the Mountain West Conference over safety concerns due to the trans player.
An appeal was filed immediately after the Monday decision.
“We respectfully disagree with the decision of the Colorado District Court and have filed an emergency appeal with the Tenth Circuit Court of Appeals,” the lawyer for the women told Cowboy State Daily.
After the ruling, SJSU sent a statement to OutKick stating its support for the ruling.
“We are gratified that the Court rejected an eleventh-hour attempt to change those rules,” SJSU said. “Our team looks forward to competing in the Mountain West volleyball tournament this week.”
San Jose State sent a statement to OutKick on the judge's ruling in the Mountain West lawsuit centering around trans SJSU volleyball player Blaire Fleming:
"San José State University will continue to support its student-athletes and reject discrimination in all forms. All San… pic.twitter.com/PXzcizGCB6
— Dan Zaksheske (@RealDanZak) November 25, 2024
Outspoken women’s sports activist (and former college swimmer) Riley Gaines was appalled with the judge’s decision.
“A federal judge just ruled in favor of a male athlete who has been injuring defenseless women in volleyball for years,” she wrote. “It’s time to remove these activist judges who refuse to uphold the law as it was intended.”
A federal judge just ruled in favor of a male athlete who has been injuring defenseless women in volleyball for years.
It’s time to remove these activist judges who refuse to uphold the law as it was intended. https://t.co/BZPs71rx8x
— Riley Gaines (@Riley_Gaines_) November 25, 2024
SJSU previously suspended its associate head volleyball coach Melissa Batie–Smoose (who is one of the 12 women who filed the suit) in early November after she filed a Title IX complaint.
In the complain she alleged the university was showing favoritism toward trans player Blaire Fleming.
Batie-Smoose said the university was trying to censor her after her ousting.
“This is just another form of what San Jose State has been trying to do: Silence people that are speaking up for their First Amendment rights and for what’s right,” Batie–Smoose said.
