The women suing the Mountain West Conference over its inclusion of a transgender player on the San Jose State University women’s volleyball team are asking a higher court to de-roster that player before the championship playoffs, which begin Wednesday.
They filed the emergency request Monday after a Colorado judge said Blaire Fleming, a San Jose outside hitter and top scorer in the conference, can play at the tournament.
Fleming is transgender, according to multiple sworn statements by SJSU team co-captain Brooke Slusser.
Slusser has joined with 10 other current and former collegiate volleyball players, and with a SJSU associate coach who spoke out against Fleming’s inclusion, in suing the Mountain West Conference. The 12 women – including three University of Wyoming volleyball players – are asking the court system to remove Fleming and to reverse the forfeit losses that five teams have taken in boycotting games against SJSU.
U.S. District Court Judge S. Kato Crews, of Colorado, declined to do that Monday and said the women are likely to lose their lawsuit altogether.
They are now appealing to the 10th Circuit Court of Appeals.
“We respectfully disagree with the decision of the Colorado District Court and have filed an emergency appeal with the Tenth Circuit Court of Appeals,” wrote the women’s attorney,