Last Monday, Judge S. Kato Cruz denied several motions for injunctive relief, paving the way for transgender Brayden “Blair” Fleming to compete in the Mountain West Conference women's volleyball tournament. . Mountain West Conference (MWC) members Boise State, Wyoming, Utah State, and Nevada-Reno, as well as non-conference foe Southern Utah State, have in-season games against Fleming's team, San Jose State (SJSU). was forfeited without playing. For biological males.
The crew members ruled that the plaintiffs had “failed to meet their burden of showing irreparable harm, a likelihood of success on the merits, or a balance of damages or fairness in their favor.” I put it down.
“None of the defendants disputed that SJSU enrolled trans female volleyball players,” Cruz wrote. This admission is significant because some media outlets have refused to report on the presence of transgender individuals on San Jose State's team.
Title IX
The judge's ruling is rooted in the Biden administration's rewriting of Title IX. This changed the term “sex” to “gender identity.” “Plaintiffs' Title IX theory advanced in this case directly contradicts Title IX's prohibition on discrimination against trans individuals.”
Mr. Cruz wrote in his judgment:
The threat of harm to Plaintiffs if an injunction is granted is outweighed by MWC's interest in holding the next MWC Tournament without making eleventh-hour changes to its currently planned structure. The relief requested in the emergency motion risks disrupting and derailing months of planning and, depending on the outcome of the reseeding, could adversely affect the defendants and other teams participating in the tournament at the very least. Become.
The judge also rejected Utah's request to join the lawsuit as a plaintiff, saying the university could not show “irreparable harm.”
Cruz ruled that any forfeited games for teams that refused to play Fleming would be a loss for the team and a win for San Jose State.
boise state
Boise State, which was scheduled to play San Jose State in the semifinals, announced it was withdrawing from the tournament. That means San Jose State only needs to win one game to win the tournament.
Boise State has already suffered two losses by forfeit this season as the team refused to play Fleming.
The school said in a statement:
The decision not to compete in the 2024 Mountain West Volleyball Championship Tournament was not easy. Our team overcame a forfeit to qualify for the tournament and fought for a win against Utah State in the first round on Wednesday.
There is no need to miss this opportunity while waiting for a more thoughtful and better system that serves all athletes.
The Boise State team won its opening game against Utah State, but announced its withdrawal after learning it would play Fleming State and San Jose State next.
Boise State player Kaitlin Van Kirk told OutKick Sports:
After that game (vs. Utah State), we knew we had come to a decision as a department. In a sense, I feel like it was a lose situation. And ultimately, we all come to the idea that this is something bigger than ourselves and that in order to actually continue this fight, we need to give up the championship (to protect women's sports). I guess I had to agree.
Van Kirk's sister Kirsten, also a Boise State player, agreed, saying,
It's really unfortunate that this has happened and it's heartbreaking. But we all know that we are putting it above ourselves to ensure that future generations have a safe place for female athletes to compete. This is really difficult because obviously our goal was to win the championship. And I think it's extremely unfair and really terrible that this situation had to happen.
The Van Kirks are also participating in a lawsuit against the Mountain West Conference.
The plaintiffs turned to the 10th Circuit Court of Appeals, which declined to hear the case Tuesday.
national problem
If San Jose State wins Saturday's game, it will advance to the NCAA women's volleyball tournament. And the Mountain West Conference problem becomes a national problem. It remains to be seen whether other teams will stand up to the Biden administration's rewriting of Title IX like the brave young women of Boise State, Wyoming, Utah, Nevada-Reno, and Southern Utah did.
