Judge rejects effort to stop transgender volleyball player competing

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 volleyball player mentioned in the lawsuit has never spoken publicly about their gender identity.

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.