In an appeals court decision affirming the rights of transgender athletes, the court on Tuesday upheld a ruling allowing a San Jose State University (SJSU) women’s volleyball team member to participate in this week’s Mountain West Conference tournament. The decision came after a legal complaint sought to declare her ineligible on the grounds that her transgender status purportedly gave her an unfair advantage and posed safety risks to teammates and opponents.
The two-judge panel from the 10th U.S. Circuit Court of Appeals concurred with U.S. Magistrate Judge S. Kato Crews of Denver, who had rejected the request for an emergency injunction a day earlier. Both courts noted that the plaintiffs had ample opportunity to file their complaint earlier and that granting an injunction on the eve of the tournament would be too disruptive.
Timing of the Legal Challenge
Judge Crews emphasized that the plaintiffs’ last-minute filing was unjustified. “The movants could have sought injunctive relief much earlier if the exigencies of the circumstances required mandatory court intervention,” he wrote in his 28-page ruling. The first conference forfeit over this issue occurred on September 28, and yet the complaint was filed less than two weeks before the tournament’s scheduled start on Wednesday.
The appeals court echoed this sentiment, stating that while the plaintiffs’ claims “appear to present a substantial question and may have merit,” they failed to make a clear case for emergency relief given the timing.
The athlete, who has played for SJSU since 2020, has not publicly commented on her gender identity, and the university has respected her privacy in accordance with federal laws. Neither San Jose State nor the teams that forfeited matches have confirmed her transgender status. Transvitae and other media outlets are withholding her name to protect her privacy.
Despite her three-year tenure with the team, her participation only became a contentious issue this season after being publicized by certain media outlets and individuals.
Jeff Konya, SJSU’s Athletics Director, reaffirmed the university’s commitment to inclusivity and support for all its student-athletes. “San Jose State maintains an unwavering commitment to the participation, safety, and privacy of all students,” Konya told students on Tuesday. “Our team has shown remarkable resilience and unity throughout this challenging time.”
Head Coach Todd Kress expressed pride in his team’s focus and determination. “We are excited to have the opportunity to represent San Jose State University and the 19 young women who have so valiantly helped us get to this point,” he said.
The Lawsuit and Its Plaintiffs
The lawsuit was filed by 12 individuals, including SJSU co-captain Brooke Slusser, SJSU Associate Head Coach Melissa Batie-Smoose, and current and former Mountain West volleyball players from other universities. They argued that the athlete’s participation violated Title IX provisions by allegedly giving her an unfair advantage due to her transgender status.
William Bock III, the attorney representing the plaintiffs, expressed disappointment in the court’s decision. “Plaintiffs look forward to ultimately receiving justice in this case when they prove these legal violations in court and to the day when men are no longer allowed to harm women and wreak havoc in women’s sport,” he said in a statement.
Transgender rights advocates have hailed the court’s decision as a significant victory for inclusion and equality in sports. “This ruling affirms that transgender athletes have the right to participate in sports consistent with their gender identity,” said a spokesperson for a national LGBTQ+ rights organization. “Excluding transgender women from women’s sports is not only discriminatory but also undermines the principles of fairness and equality that sports promote.”
Controversial Remarks by Riley Gaines
Amid the unfolding events, former collegiate swimmer Riley Gaines made inflammatory comments on social media. “Don’t send your kids to San Jose State University unless you’re okay with them graduating without knowing what a woman is,” she tweeted. In another post, she stated, “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.”
Gaines’s remarks have been widely criticized by advocates for transgender rights as transphobic and harmful. Such statements contribute to a hostile environment that transgender individuals often face, both in sports and society at large.
Mountain West Conference’s Stance
The Mountain West Conference has stood by its policies, which align with the NCAA and USA Volleyball guidelines on transgender athlete participation. In a statement released Monday, the conference expressed satisfaction with Judge Crews’s decision and affirmed its commitment to uphold established policies.
An NCAA policy implemented this academic year subjects transgender participation to the rules of each sport’s governing body. USA Volleyball requires transgender women to suppress testosterone levels for 12 months before competing. The NCAA has not raised any issues regarding the eligibility of the SJSU athlete.
Four teams—Boise State, Wyoming, Utah State, and Nevada—had forfeited matches against SJSU during the regular season, accepting conference losses in the process. The forfeitures have implications for the tournament’s seeding and matchups.
In the upcoming semifinals, SJSU is set to play the winner of the match between Utah State and Boise State—both teams that previously forfeited. Representatives from Boise State and Utah State have not indicated whether they will proceed with playing against SJSU if the matchup occurs.
Broader Political Context
The controversy occurs against a backdrop of increasing legislative efforts to restrict transgender individuals’ participation in sports. Several Republican-led states have enacted laws or policies aimed at excluding transgender athletes from competing in line with their gender identity.
Some Republican governors, including those from Idaho, Nevada, Utah, and Wyoming, have publicly supported the teams that forfeited matches against SJSU, citing concerns about fairness in women’s sports.
The plaintiffs argue that allowing transgender women to compete in women’s sports violates Title IX, the federal law that prohibits sex-based discrimination in federally funded education programs. However, Judge Crews refuted this interpretation, citing Supreme Court and 10th Circuit precedents that recognize discrimination against transgender individuals as a form of sex discrimination prohibited by Title IX.
“The plaintiffs’ Title IX theory raised in this case directly conflicts with Title IX’s prohibition on discrimination against trans individuals,” Crews wrote in his ruling.
Empathy and Inclusion in Sports
The case highlights the ongoing debate surrounding transgender athletes in sports—a discussion that often overlooks the human aspect of the individuals involved. Transgender athletes, like all athletes, seek the opportunity to participate in sports they love, to compete, and to be part of a team.
Excluding transgender individuals from sports not only denies them these opportunities but also sends a message of exclusion and intolerance. Sports should be a unifying force, promoting teamwork, respect, and understanding among participants of all backgrounds.
As the Mountain West Conference tournament proceeds, the focus for many remains on the athletes and the spirit of competition. SJSU and its players are preparing to compete at the highest level, embodying resilience in the face of adversity.
“We stand together as a team,” said one SJSU player who requested anonymity. “Our goal is to play the sport we love and support each other, no matter what challenges come our way.”
The outcome of this legal battle may set a precedent for future cases involving transgender athletes. For now, the court’s decision allows the athlete to compete, upholding her rights and affirming the principles of inclusion and fairness.
The Bottom Line
This case serves as a reminder of the importance of empathy, respect, and understanding in discussions about transgender individuals in sports. It’s crucial to recognize the humanity of those involved and to strive for solutions that uphold the rights and dignity of all athletes.
Transgender individuals, their families, and allies continue to advocate for acceptance and equal opportunities in all areas of life, including sports. As society progresses, it’s hoped that inclusivity will become the norm, and all athletes will be celebrated for their talents and contributions to their teams and communities.
