‘Trans’ San José State volleyball player can compete, judge rules

A judge has ruled that a ‘trans’ volleyball player at the centre of a storm over her gender and eligibility can compete on the San José State University (SJSU) team.

In recent months, a number of women’s college volleyball teams have forfeited matches against San José because they have a trans player.

The backlash has gone beyond the volleyball league, with well-known anti-trans pundits and politicians weighing in on the issue, attacking the player, the university and inclusive sports in general.

While the player’s name has been reported in the media, neither she nor the university has spoken about her identity and PinkNews has chosen not to name her.

Ahead of a Mountain West Conference tournament in Las Vegas – in which four of the six teams San José State would play have previously forfeited – a lawsuit was filed in an attempt to get the player barred from competing and to change rules so those the teams that refused to take to the court could have the resulting losses removed from their record.

The legal action was brought by current and former athletes from the other teams, San José State’s current co-captain and a recently suspended assistant coach, who allege the player’s participation breached their rights under Title IX and the 14th Amendment’s equal protection clause.

Issuing a decision two days before the tournament was due to start, Colorado district judge S Kato Crews said those who challenged the league’s policy should have filed the emergency injunction earlier, especially given the first forfeit was in September.

“The court finds the movants’ delay was not reasonable, there is no evidence to suggest they were precluded from seeking emergency relief earlier, and the rush to litigate these complex issues now over a mandatory injunction places a heavy lift on the [Mountain West Conference] at the eleventh hour,” Crews said.

Precedent law had established that trans people are protected under Title IX and the 14th Amendment, he added in his written ruling.

San José State University has pledged to “continue to support its student-athletes and reject discrimination in all forms”, The Hill reported.

“All San José State University student-athletes are eligible to participate in their sports under NCAA [National Collegiate Athletic Association] and Mountain West Conference rules,” a university statement read. “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.”

Prior to the ruling, a number of Republican politicians wrote to Gloria Nevarez, the commissioner of the Mountain West Conference, demanding the league “prohibit biological males from competing against biological female students in women’s sports [because of] serious concerns about the safety and fair competition standards”.

The signatories called the inclusion of trans players “an injustice” and said the Conference “has dropped the ball”, adding: “Life isn’t fair, but sports should be.”

San José are due set to play either Utah State or Boise State, both of whom forfeited earlier matches, on Friday (29 November).

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