In a controversial decision, the U.S. District Court for the District of Colorado has ruled in favor of allowing San Jose State University, which includes a trans athlete on its women’s volleyball team, to compete in the Mountain West Conference women’s volleyball tournament.
The ruling in Slusser et al v. Mountain West Conference denied injunctive relief sought by a group of female athletes and coaches who argued the university violated Title IX and its own bylaws by rostering the male player.
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The court’s decision has drawn sharp criticism from women’s sports advocates, who argue it undermines fairness and safety in women’s athletics.
Five women’s volleyball teams had previously forfeited matches against San Jose State in protest, sacrificing their records to take a stand for what they describe as equal competition and physical safety.
May Mailman, director of Independent Women’s Law Center, the legal advocacy arm of Independent Women’s Forum (IWF), said, “Once again, Title IX is being weaponized by wayward judges to protect men in women’s sports, instead of promote the equality of women. The Supreme Court has three cases before it, about whether women’s sports are legal, to give these judges guidance. It needs to jump in.”
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Female athletes and advocates expressed deep disappointment in the ruling.
Sia Li’ili’i, Independent Women’s Forum ambassador and current women’s volleyball team captain at the University of Nevada Reno, said, “Although this ruling is very disheartening, I will continue to fight for women’s rights in sports. The unnecessary pressure of playing against a male player being placed upon the women competing in the Mountain West tournament is not fair or right. I wish these women the best of luck and I am disappointed in the judge for choosing not to protect women in sports.”
Payton McNabb, Independent Women’s Forum ambassador and former high school volleyball player who was knocked unconscious by a biological male on the opposing women’s team, said, “A federal judge just made a ruling that completely fails to stand with women. This is yet another example of how those entrusted to protect us continue to put ideology above women’s safety and fairness.”
Adriana McLamb, Independent Women’s Forum spokeswoman and recruiting coordinator to aspiring collegiate female volleyball players in Orlando, Florida, said, “The 10th circuit rules once again against women. First sororities, now athletics. It is unacceptable that San Jose State will compete in the conference tournament with a male athlete and have an opportunity to proceed to compete in the national championship tournament. But let’s be clear, this fight is far from over. The athletes and coach in this lawsuit not only have the support of us at Independent Women but also millions of Americans as they rightfully appeal this decision.”
The court’s decision follows broader debates over gender identity policies in sports and education. Advocates argue these policies erode protections for women, while others see them as essential to inclusivity.
The plaintiffs, supported by organizations like the IWF, intend to appeal the decision, signaling an ongoing battle over the future of women’s athletics.
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