Blaire Fleming, a transgender volleyball player who represents the San Jose State University (SJSU), will be allowed to compete in the Mountain West Conference tournament after a judge ruled in their favour on Monday (Nov 25). US District Judge S Kato Crews delivered the judgment after several opposing players as well as Fleming's teammates filed a lawsuit against the team and the tournament organisers for allowing the transgender athlete to play in the women's tournament. The plaintiffs claimed that university and conference officials violated their Title IX rights, which ensures that men and women are treated fairly in educational settings, including collegiate sports.
However, delivering the judgment, Mr Crews said temporary injunctive relief is intended to preserve the status quo pending the outcome of a trial, but that an order to remove Fleming would disrupt it. Additionally, the ruling ensures that any forfeit by the opposing team would mean an automatic win for the San Jose State volleyball team.
The Mountain West Conference finals begin on Wednesday (Nov 27) in Las Vegas. In the league phase, Boise State, Wyoming, Utah State and Nevada were among the Mountain West schools to forfeit their matches against San Jose State over Fleming's presence.
Those forfeits helped Fleming's team reach the No.2 seed in the conference tournament which guaranteed them a semifinal spot. In their last-four match, San Jose State will be facing one of Utah State or Boise State who are set to square off in the quarterfinal match. On the other side of the bracket, Colorado State holds the No. 1 seed and played both their matches against San Jose State in the regular season.
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After the hearing, SJSU in a statement said they will continue to back their student and that Fleming will be participating in the series finals.
"San José State University will continue to support its student-athletes and reject discrimination in all forms. All San José State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules," the school was quoted as saying by Fox News Digital.
"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 this week."
According to Riley Gaines, a former University of Kentucky swimmer, known for campaigning against the participation of trans women in women's sports, the girls were planning "to appeal the ruling".
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