A federal judge has reportedly dismissed the majority of claims in a high-profile lawsuit brought by eleven female college volleyball stars concerning San Jose State University's former transgender player, Blaire Fleming. The legal action centered on allegations of rights violations and discrimination during the contentious 2024 season.
Background of the Controversy
Fleming, a biological male, became a focal point of intense debate in 2024 when multiple opposing teams refused to compete against San Jose State University, citing concerns over gender identity. This led the Spartans to advance to the playoffs with a 12-6 record, securing seven victories by forfeit. The situation sparked widespread discussion about fairness and inclusion in women's sports.
Lawsuit Details and Allegations
In response to the controversy, former SJSU teammate Brooke Slusser, alongside players from various teams including University of Wyoming athletes Macey Boggs, Sierra Grizzle, and Jordan Sandy, filed a lawsuit. The defendants included the California State University Board, which manages SJSU, the Mountain West Conference, SJSU's head coach, and several individuals.
The plaintiffs alleged violations of the First and Fourteenth Amendments, as well as Title IX, which prohibits sex-based discrimination. Slusser claimed that Fleming's biological sex was not disclosed before the team was required to share hotels and locker rooms. Additionally, she accused Fleming of conspiring with an opposing player to have a female athlete spiked in the face during a match.
Judge's Ruling on the Mountain West Conference
Last Tuesday, a federal judge dismissed all claims against the Mountain West Conference. In a 38-page opinion, Judge S. Kato Crews ruled that the plaintiffs failed to allege that a transgender athlete is currently playing volleyball in the conference. He also determined that the Mountain West is not a state entity subject to Section 1983, which restricts state actors from violating rights, and is not bound by Title IX as it does not receive direct federal funding.
The judge noted that the women could challenge their own schools under Title IX if they believe transgender participation policies were applied in a way that violated their rights. He referenced the NCAA's updated transgender eligibility policy, which now precludes student-athletes assigned male at birth from competing on women's teams, following an executive order by President Donald Trump in January 2025.
Surviving Claim and Legal Precedents
Despite the dismissals, one Title IX claim against the California State University Board remains active. Judge Crews cited the pending Supreme Court decision on whether the broad definition of sex discrimination from the 2020 Bostock v. Clayton County case applies to Title IX. This case could reinterpret protections for sexual orientation and gender identity.
Previously, the judge declined to block Fleming from competing in the 2024 championships or overturn losses for teams that forfeited, relying on the Bostock precedent. However, with the Supreme Court currently reconsidering this interpretation, Crews opted to keep Slusser's sole claim in play.
Additional Dismissals and Immunity Rulings
The judge also dismissed claims for damages against two CSU officials, citing sovereign immunity under the Eleventh Amendment, which protects state entities from certain lawsuits. Claims against three other officials were thrown out due to qualified immunity, a doctrine that shields government officials from civil liability.
Related Legal Action by Former Coach
In a separate development, former SJSU coach Melissa Batie-Smoose filed a lawsuit in October, alleging she was suspended after submitting a Title IX complaint against the university and Fleming. Her complaint included accusations that Fleming received special accommodations, such as missing practices without excuse and sitting in the stands during sessions.
Fleming responded to these allegations in an interview with Fox News, stating that any absences were due to injuries and criticizing Slusser and Batie-Smoose, saying they need to "get a life."
The ongoing legal battles highlight the complex intersection of transgender rights, athletic competition, and federal law, with implications for future cases in collegiate sports.
