A judge on Monday rejected a request to bar a member of the San Jose State women’s volleyball team from participating in a conference tournament on the grounds that she is transgender.
The ruling by U.S. Judge S. Kato Crews in Denver allows the season-long player to compete in the Mountain West Conference women’s championship this week in Las Vegas.
The ruling comes amid a lawsuit filed by nine current players against the conference challenging the league’s policies on allowing transgender players. The players argued that it was a safety risk and unfair to let them compete.
While some media outlets have reported these and other details, neither San Jose State nor the withdrawing teams have confirmed that there is a transgender female volleyball player at the school. The Associated Press is withholding the player’s name because she has not publicly commented on her gender identity. The school administration also declined an interview request with the player.
Crews’ decision called the athlete an “alleged transgender” player and noted that no defendant disputed that San Jose State’s roster included a transgender player.
San Jose State will “continue to support its student-athletes and reject discrimination in any form,” the university said in a statement, confirming that all of its student-athletes are eligible to participate under NCAA and conference rules. “We are pleased that the court rejected a last-minute attempt to change these rules. Our team looks forward to competing in the Mountain West Volleyball Tournament this week.”
The conference said it was “pleased” with the judge’s decision and would continue to adhere to the guidelines set by the board, which are “directly consistent with the NCAA and USA Volleyball.”
“We are pleased to move forward with the Mountain West Conference Women’s Volleyball Championship,” the statement continued.
The players filed an emergency appeal with the 10th U.S. Circuit Court of Appeals.
Crews said the players could have asked for relief much sooner, noting that individual universities acknowledged that not playing their games against San Jose State this season would result in a loss in the league standings. He rejected a request to restart the tournament without the retained losses.
The judge said injunctions are intended to maintain the status quo. The conference policy regarding leaving for refusing to play a team with a transgender player has been in effect since 2022, and the San Jose State player has been on the roster since 2022 — representing the status quo.
The player competed at the collegiate level the past three seasons, including two for San Jose State, and drew little attention. The revelation of her alleged identity this season sparked an uproar among some players, parents and even politicians in a huge election year.
Crews’ decision also said that injunctions are intended to prevent harm, but in this case the harm had already occurred, he argued. The games have been canceled, the tournament has been seeded and the participants have confirmed their participation.
The tournament begins on Wednesday and continues on Friday and Saturday. Colorado State is seeded first and San Jose State is seeded second. The teams will split their regular season games and both will receive byes to Friday’s semifinals.
San Jose State plays Wednesday against the winner of the game between Utah State and Boise State – teams that lost games to SJSU during the regular season. Boise State assistant athletic director Chris Kutz declined to comment on whether the Broncos would play SJSU if they won their first-round tournament game. Doug Hoffman, Utah State’s associate athletic director, said the university is reviewing the arrangement and the team is preparing for Wednesday’s game.
The tournament winner automatically receives a bid to the NCAA Tournament. San Jose State coach Todd Kress, whose team hasn’t played in the national tournament since 2001, said they received “hate messages” that took a toll on the players.
Several teams refused to play San Jose State that season, resulting in losses in the official conference standings. Boise State and Wyoming each had two losses, while Utah State and Nevada each had one. Southern Utah, a member of the Western Athletic Conference, was the first to opt out against San Jose State this year.
Nevada’s players said they “reject participation in games that promote injustices against female athletes,” without elaborating. Nevada did not qualify for the conference tournament.
The nine current players and others now suing the Mountain West Conference, the California State University Board of Trustees and others include San Jose State senior setter and co-captain Brooke Slusser. Slusser said the player is transgender and hits the volleyball with more force than other teammates, which fuels fears of a concussion from a head hit during practice, according to the complaint.
The Independent Council on Women’s Sports is sponsoring a separate lawsuit against the NCAA for allowing transgender women to compete in women’s sports. Both lawsuits allege that the landmark 1972 federal anti-discrimination law, known as Title IX, bans transgender women in women’s sports. Title IX prohibits sexual discrimination in federally funded education; Slusser is a plaintiff in both lawsuits.
Several district courts have used a U.S. Supreme Court ruling to conclude that discrimination against a person based on their transgender status or sexual orientation is sex discrimination, Crews wrote. This means that case law does not demonstrate the “probability of success” required for the issuance of an injunction.
This academic year, an NCAA policy took effect that makes transgender participation subject to athletic association rules. According to USA Volleyball, a trans woman must suppress testosterone for 12 months before competing. The NCAA has not reported any issues with San Jose State.
The Republican governors of Idaho, Nevada, Utah and Wyoming have issued public statements supporting the team cancellations, citing fairness in women’s sports. President-elect Donald Trump has also spoken out against allowing transgender women to participate in women’s sports.
Crews served as a U.S. District Court judge in Colorado for several years before President Joe Biden appointed him to a federal judge in January.
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Gruver reported from Cheyenne, Wyoming and Hanson reported from Helena, Montana.
