Judge's ruling to allow SJSU trans women's volleyball player to compete in tournament receives backlash
A judge ruled Monday that San Jose State transgender women’s volleyball player Blaire Fleming will be allowed to play for the Spartans in the Mountain West Conference tournament as well as the remainder of the season.
Federal Judge Kato Crews in Colorado, appointed by President Biden in January, denied a motion for injunctive relief in a lawsuit by college volleyball players against the conference, per OutKick.
The news led to some backlash on social media, including women’s sports activist Riley Gaines.
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"A federal judge just ruled in favor of a male athlete who has been injuring defenseless women in volleyball for years," Gaines tweeted. "It’s time to remove those activist judges who refuse to uphold the law as it was intended."
More X users posted on their accounts to voice their displeasure with the ruling.
"Not that there are enough people left with the guts to stand up for what’s right, but I would love to see all teams boycott the tournament," one user posted. "This must end."
SJSU TRANS WOMEN'S VOLLEYBALL PLAYER BLAIRE FLEMING GETS GREEN LIGHT TO PLAY CONFERENCE TOURNEY
Another one added, "What a joke. We are literally living in an upside down clown world."
A dozen women jointly filed the suit against the Mountain West and its commissioner, alleging violations of Title IX and their First Amendment rights. Among the women are SJSU co-volleyball captain Brooke Slusser and two former Spartans as well as athletes from other Mountain West schools.
Crews, however, wrote that the plaintiffs’ request for an emergency delay "was not reasonable" and "would risk confusion and upend months of planning and would prejudice, at a minimum, (San Jose State) and other teams participating in the tournament."
"The movants have failed to meet their burden to show irreparable harm, a likelihood of success on the merits, or that the balance of harms or equities is in their favor," Crews wrote in his decision.
The players were looking to have their forfeits for refusing to play against Fleming and the Spartans rescinded, which would, in turn, shift the standings heading into the tournament. They also wanted Fleming banned from the tournament.
Instead, Crews’ ruling allows Fleming to play for the Spartans, who are the No. 2 seed and have a first-round bye.
Boise State, Wyoming, Utah State and Nevada were among the conference teams to cancel games against the Spartans due to Fleming’s presence on the team. They were aware the forfeiture would result in a loss on their records, which ultimately helped SJSU secure their high seed.
"San Jose State University will continue to support its student-athletes and reject discrimination in all forms. All San Jose State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules," the school said in a statement to 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."
Fleming has been a star for the Spartans in the matches played this season, averaging 3.86 kills per serve, which ranks third in the Mountain West.
Looking ahead to the tournament, one of the four teams that forfeited against SJSU this season is guaranteed to face them in the semifinals, as Utah State and Boise State are set to face each other in the quarterfinals.
Fox News’ Ryan Gaydos contributed to this report.
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