Judge rejects effort to stop transgender college volleyball player competing
The San Jose State University Spartans line up ahead of a game in October
- Published
A transgender athlete on the San Jose State University women's volleyball team can continue to compete, a US judge has ruled, denying a request made by other players to keep her off the court.
Monday's ruling by US District Judge S Kato Crews will allow the athlete, who has played all season, to compete in the Mountain West Conference (MWC) women's championship, which is scheduled to start on Wednesday in Las Vegas.
Players for the MWC, including the current co-captain of San Jose State, filed an emergency lawsuit against the league to prevent the athlete from competing.
The case comes amid an intense debate over transgender women's participation in sport.
San Jose State University has not confirmed whether its women's volleyball team includes a transgender player, citing privacy laws. It has not, however, disputed that there is a transgender person on its team, according to Judge Crews' ruling.
The dozen plaintiffs, a group that includes a San Jose co-captain, associate head coach and several other past and present college volleyball players, had requested a last-minute injunction to stop the athlete from competing.
In their 132-page complaint, the plaintiffs argued that the presence of a transgender athlete in the league effectively discriminates against women, by denying them equal opportunities and threatening their safety.
"Men competing on women's teams is incompatible with equal opportunities for women," the lawsuit states, citing Title IX, the federal law barring discrimination in education based on sex. The plaintiffs argue that it prohibits transgender women from participating in women's sports.
But lawyers for the defendants noted a 2020 Supreme Court ruling that found that federal legislation which banned sex discrimination in the workplace covered sexual orientation and gender identity.
In his ruling, Judge Crews cited that decision, saying the equal protections afforded by Title IX apply to transgender athletes.
Judge Crews, a Joe Biden appointee, also said the plaintiffs had hurt their chances by submitting their case only days before the competition. Prohibiting the player from participating in a tournament days before its start "would risk confusion and upend months of planning", he said.
"On balance, the equities favour the MWC's interest in conducting and proceeding with the tournament as planned", he said.
In a statement released on Monday, San Jose State welcomed the ruling, saying it would continue to "reject discrimination in all forms".
"All San Jose State University student-athletes are eligible to participate in their sports under NCAA [National Collegiate Athletics Association] and Mountain West Conference rules."
The judge's ruling was upheld by a federal appeals court on Tuesday.
Last month, four teams forfeited games against San Jose in apparent protest of the transgender athlete. Players for one of those teams, the University of Nevada Reno, said in a statement they would not be playing "in any match that advances injustice against female athletes".
This is the player's fourth season playing college-level volleyball - including two for San Jose State - though her participation in previous years did not make headlines. All four of the teams that cancelled games this year have played against the transgender player in previous years, according to a New York Times' review of past records.
The NCAA's rules on transgender athletes vary by sport, and depend on each sport's governing body.
USA Volleyball says transgender women must take "the necessary steps to transition to their adopted gender", and submit testosterone levels before competing. For trans women, testosterone levels "must not exceed the upper limit of the normal female reference range for their age group".