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A federal judge ruled Monday that a San Jose State volleyball player whose teammate claims to be transgender can continue to participate in this week’s volleyball tournament.
The ruling by Judge S. Kato Cruz, a President Biden appointee to the U.S. District Court for Colorado, came ahead of the three-day Mountain West Conference women’s volleyball championship in Las Vegas, scheduled to begin Wednesday. .
A federal lawsuit filed on behalf of several volleyball players, including a former student and the San Jose State associate head coach, not only bans the players from participating in the tournament, but also bans the San Jose State volleyball team after its former rival team. He also called for the reversal of the victory awarded to him. The team forfeited the game due to the participation of a transgender player.
At least four universities canceled games against San Jose State due to the controversy surrounding the player.
The player, who has been on the team’s roster since 2022, could not be reached for comment and has not spoken publicly about the matter.
Neither San Jose State volleyball player Brooke Slusser, who is one of the plaintiffs in the lawsuit and has criticized her teammates, nor Slusser’s attorney, Justin Ross Olson, could be immediately reached for comment. .
“I don’t think that’s right in women’s sports,” Slusser told Fox KTVU this week. “It has nothing to do with how that person wants to live their day-to-day life. It doesn’t matter. But when it comes to the fairness and safety of women’s play, there are two different divisions for women and men. There’s a reason why.”
San Jose State said in a written statement that it continues to support its student-athletes and rejects all forms of discrimination.
“All student-athletes at San Jose State University are eligible to participate in sports under NCAA and Mountain West Conference regulations,” the statement reads. “We are pleased that the court rejected our 11th-hour attempt to change these rules. Our team looks forward to competing in the Mountain West Volleyball Tournament this week.”
“California State University, a public university, has stated in writing that it fully supports its student-athletes and their right to play and compete in the sports they love,” the statement continued.
“We applaud the court’s decision and support the San Jose State University volleyball team as it continues to compete for championships in the Mountain West Conference tournament,” the statement read.
Senior Associate Commissioner Javan Hedlund said the Mountain West Conference approves of the judge’s decision and continues to support the policy set by the Board of Governors in conjunction with the NCAA and USA Volleyball.
“We are excited to host the Mountain West Conference Women’s Volleyball Championship and celebrate and highlight the hard work and competitive spirit of our student-athletes,” said Hedlund.
The lawsuit, filed two weeks ago, is the latest in an ongoing debate regarding transgender athletes, particularly transgender women competing in women’s sports.
This comes a month after a video was released showing the player spiking a ball that hit a San Diego State player in the arm, briefly knocking him out. San Diego State player Kyra Herron (junior) was able to keep the ball in play with a dig and immediately stood up with a smile on her face.
But the play went viral on social media, along with allegations that a San Diego State player was hit in the head and that a San Jose State player was transgender.
President-elect Donald Trump, who previously addressed the video, said he plans to ban all transgender women from participating in women’s sports.
Plaintiffs in the case accuse San Jose State of recruiting a transgender athlete, saying that allowing him to participate in tournaments discriminates against female athletes and that they are entitled to equal rights, including access to playing time and scholarships. He argued that it would deprive him of an opportunity.
Cruz said in his ruling that the Mountain West Conference board approved a transgender participation policy in 2022, when the player was on the roster, and the issue was not raised before the tournament. Therefore, the plaintiffs stated that they failed to meet their obligations. Irreparable damage has occurred.
“Prior to the filing of this action, there was no dispute between the parties as to the applicability or enforceability of this Act. [Transgender Participation Policy]” Cruz wrote. “As for the alleged transgender teammate at SJSU, she has been a member of the team since the 2022 season and has played with the team every season since.”
“Questions regarding her gender did not arise from the plaintiffs until the spring of 2024 at the earliest.”
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