Court Upholds Transgender College Volleyball Player’s Right to Compete

A US judge has determined that a transgender athlete on the San Jose State University women’s volleyball team is permitted to continue participating in competition. This decision rejects a petition from other players seeking to prevent her involvement. The ruling, issued on Monday by US District Judge S Kato Crews, ensures the athlete, who has been active throughout the current season, can compete in the Mountain West Conference (MWC) women’s championship, set to commence on Wednesday in Las Vegas. An emergency lawsuit was initiated against the league by players within the MWC, including the current co-captain of San Jose State, with the aim of barring the athlete from competition. This legal action takes place amidst a significant ongoing discussion regarding the inclusion of transgender women in athletic activities. San Jose State University has refrained from confirming the presence of a transgender player on its women’s volleyball team, citing privacy regulations. Nevertheless, the university has not contested the fact that a transgender individual is part of its team, as noted in Judge Crews’ decision. The twelve plaintiffs, comprising a San Jose co-captain, an associate head coach, and various current and former college volleyball players, had sought an urgent injunction to prevent the athlete from participating. Within their 132-page complaint, the plaintiffs contended that the inclusion of a transgender athlete in the league constitutes discrimination against women, by depriving them of equitable opportunities and jeopardizing their safety. The lawsuit asserts, “Men competing on women’s teams is incompatible with equal opportunities for women,” referencing Title IX, the federal statute that prohibits sex-based discrimination in educational settings. The plaintiffs interpret this law as precluding transgender women from engaging in women’s sports. Conversely, legal representatives for the defendants highlighted a 2020 Supreme Court decision which determined that federal laws prohibiting sex discrimination in employment also encompass sexual orientation and gender identity. Judge Crews referenced this precedent in his ruling, stating that Title IX’s provisions for equal protection extend to transgender athletes. Judge Crews, who was appointed by Joe Biden, additionally remarked that the plaintiffs had diminished their prospects by filing their case merely days prior to the competition. He stated that preventing the player from participating in a tournament just days before its commencement “would risk confusion and upend months of planning.” He concluded, “On balance, the equities favour the MWC’s interest in conducting and proceeding with the tournament as planned.” In a statement issued on Monday, San Jose State expressed approval of the ruling, affirming its commitment to “reject discrimination in all forms.” The statement added, “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.” A federal appeals court affirmed the judge’s decision on Tuesday. The previous month, four teams forfeited matches against San Jose, seemingly in protest of the transgender athlete’s participation. Athletes from one of these teams, the University of Nevada Reno, declared in a statement that they would not compete “in any match that advances injustice against female athletes.” This marks the athlete’s fourth season competing in college-level volleyball, with two of those seasons spent at San Jose State, although her involvement in prior years did not attract significant media attention. A review of historical records by the New York Times indicates that all four teams that canceled games this year had previously competed against the transgender player in earlier seasons. The National Collegiate Athletics Association’s (NCAA) regulations concerning transgender athletes differ based on the specific sport and are contingent upon each sport’s respective governing organization. USA Volleyball mandates that transgender women undertake “the necessary steps to transition to their adopted gender” and provide testosterone levels prior to competition. For transgender women, these testosterone levels “must not exceed the upper limit of the normal female reference range for their age group.”