A federal appeals court decided on Tuesday to uphold a previous ruling that permits a player from the San Jose State women’s volleyball team to participate in the Mountain West Conference tournament this week. This decision comes after a legal complaint argued that her transgender identity made her ineligible, claiming her presence posed a safety risk to both her teammates and opponents due to perceived physical advantages.
A panel of two judges from the 10th U.S. Circuit Court of Appeals concurred with U.S. Magistrate Judge S. Kato Crews from Denver, who had denied a request for an emergency injunction just one day prior. He asserted that the plaintiffs could have initiated their complaint much sooner, highlighting that the issue was known weeks before the tournament was set to start.
Timing of the Complaint
The judges expressed that the emergency injunction request was filed in mid-November, only a short time before the tournament was scheduled to begin. Judge Crews pointed out that the first forfeited game due to the transgender participation policy occurred back on September 28, suggesting that the claimants could have acted more quickly. The teams that refused to compete against San Jose State were well aware they would incur a league loss for these actions.
Attorney William Bock III, representing the plaintiffs, expressed disappointment that the appeals court deemed it “too disruptive” to grant an injunction just before the tournament. He noted that while the court acknowledged the plaintiffs’ claims seemed substantial, they failed to demonstrate an urgent need for immediate intervention. Bock stated, “Plaintiffs look forward to ultimately receiving justice in this case when they prove these legal violations in court.”
Current Player Status
The player involved has been part of the San Jose State team since 2022, but concerns regarding her eligibility have only emerged this season. The Mountain West Conference has held a policy concerning forfeits for competing against teams with transgender athletes in place since 2022, as stated by the conference.
Judge Crews noted that joining the tournament as planned is essential for maintaining the status quo, which, in this case, includes the player’s current participation. In addition to seeking an injunction for the player, the plaintiff’s motion included a request to rescind the forfeited losses of four teams that chose not to compete against San Jose State and to adjust the tournament brackets accordingly. However, Crews denied this request, and the 10th Circuit did not address it further.
While neither San Jose State nor the forfeiting teams have conclusively confirmed the player’s transgender status, the Associated Press has chosen not to disclose her name as she has not publicly commented on her gender identity. School representatives have likewise declined to discuss the matter further.
Support for Transgender Athletes
San Jose State’s Athletics Director, Jeff Konya, affirmed the institution’s commitment to creating an inclusive, fair, and safe environment for all students. He praised student-athletes and staff for their resilience amidst the ongoing legal challenges and highlighted the team’s unity as proof of their passion for the sport as they progress to this crucial point in the season.
The Mountain West Conference expressed satisfaction with the recent judicial decision and reiterated its dedication to upholding the policies established by its board of directors, which align with NCAA and USA Volleyball regulations. According to NCAA guidelines that came into effect this academic year, transgender athletes must comply with specific requirements, such as suppressing testosterone levels for a minimum of 12 months preceding competition. The NCAA has not flagged any issues concerning San Jose State’s athlete.
Looking ahead to Friday’s semifinals, San Jose State is set to face the winner of the upcoming match between Utah State and Boise State, both of which had previously forfeited contests against San Jose State during the regular season. As the tournament approaches, questions remain regarding how these teams will navigate competing against a team with a transgender player, particularly among teams like Boise State, whose associate athletic director deferred comment on the matter. Utah State’s associate athletic director stated that the university is currently reviewing the court’s order while preparing for their match.
In recent years, several athletic associations, along with Republican lawmakers and school districts, have sought to limit the participation of transgender athletes, especially transgender girls and women, in sports that align with their gender identity.
Public statements supporting team cancellations have been made by Republican governors in Idaho, Nevada, Utah, and Wyoming, who argue that their actions are driven by a desire for fairness in women’s sports. This sentiment has also been echoed by figures such as President-elect Donald Trump, who has voiced opposition to allowing transgender women in women’s athletic competitions.
