A US judge has ruled that a transgender athlete on the San Jose State University women’s volleyball team can continue to compete, despite other players’ requests to keep her off the court.
US District Judge S Kato Crews’ judgment on Monday will allow the athlete, who has played all season, to compete in the Mountain West Conference (MWC) women’s championship, which begins on Wednesday in Las Vegas.
Players from the MWC, including San Jose State’s current co-captain, have launched an emergency lawsuit against the league to prevent the athlete from competing.
The case comes amid a heated discussion about transgender women’s involvement in sports.
San Jose State University has not acknowledged if its women’s volleyball team had a transgender player, citing privacy concerns. According to Judge Crews’ judgment, it has not denied having a transgender member on its team.
The dozen plaintiffs, which included a San Jose co-captain, an associate head coach, and numerous other former and current college volleyball players, had filed a last-minute injunction to prevent the athlete from competing.
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In their 132-page case, the plaintiffs claimed that the presence of a transgender player in the league effectively discriminates against women by denying them equal chances and endangering their safety.
“Men competing on women’s teams is incompatible with equal opportunities for women,” according to the lawsuit.
Title IX is the federal legislation that prohibits sex-based discrimination in education. The plaintiffs claim that it prevents transgender women from participating in women’s sports.However, counsel for the defendants cited a 2020 Supreme Court decision that determined that federal legislation prohibiting employment sex discrimination also applied to sexual orientation and gender identity.
Judge Crews highlighted that case in his order, stating that transgender athletes are entitled to equal protection under Title IX.
Judge Crews, a Joe Biden appointee, also stated that the plaintiffs had harmed their chances by presenting their case just days before the competition. Prohibiting the player from competing in a tournament days before it begins “would risk confusion and disrupt months of planning,” he stated.
“On balance, the equities favor the MWCs.”
He expressed interest in carrying out the competition as planned. San Jose State University applauded the verdict and stated that it would continue to “reject discrimination in all forms” in a statement posted on Monday.
“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.”
On Tuesday, a federal appeals court backed the judge’s ruling.
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