Judge rules in case that decided fate of San Jose State’s transgender volleyball controversy

A federal judge ruled Monday that a member of the San Jose State women’s volleyball team that has been at the center of a transgender controversy can participate in the Mountain West Conference tournament that begins Wednesday, according to The New York Times.

Judge S. Kato Crews, an appointee of President Biden to the U.S. District Court in Colorado, made the decision amid a national transgender controversy over Blaire Fleming, a redshirt senior who joined the Spartans in 2022.

“San José State University will continue to support its student-athletes and reject discrimination in all forms,” the university said in a statement to OutKick according to the ruling. “All San José State University student-athletes are eligible to participate in their sport under NCAA and Mountain West Conference rules.

“We are pleased that the court rejected an eleventh-hour attempt to change these rules. Our team looks forward to competing in the Mountain West volleyball tournament this week.”

The ruling followed a lawsuit filed by players — including some with ties to San Jose State — along with Melissa Batie-Smoose, the suspended associate head coach of the Spartans, who claimed she was threatened by the university to keep quiet about the situation .

Batie-Smoose was suspended earlier this month after she filed a Title IX complaint alleging that SJSU’s transgender inclusion policy created a toxic environment for female athletes and accused the university of blatantly favoring Fleming, according to a complaint obtained by Quillette.

The Mountain West women’s volleyball championship also features Fresno State, San Diego State, Utah State, Boise State and Colorado State.

Boise State and Utah State, among other teams, have previously dropped games this season against the Spartans, a Division I team, giving SJSU six wins by loss.

The plaintiffs argued that allowing the player to participate in the tournament would discriminate against women by denying them equal opportunity, and sought an injunction barring them from competing.

Fleming has not addressed the matter publicly.

San Jose State has not yet confirmed whether the women’s volleyball team has a transgender player, citing educational privacy laws, according to The New York Times.

Brooke Slusser, the Spartans’ team co-captain and Fleming’s former roommate, previously spoke out against Fleming during the regular season and was part of the lawsuit.

In one interview with OutKickSlusser, a junior starting setter, said she and her team are worried about who will protect their voice after Batie-Smoose’s suspension.