San Jose State transgender women’s volleyball player Blaire Fleming will be allowed to compete for the Spartans in the Mountain West Conference tournament and the rest of the season, a judge ruled on Monday.
Federal Judge Kato Crews in Colorado, who was appointed by President Biden in January, denied a motion for injunctive relief in college volleyball players’ lawsuit against the Mountain West Conference, according to OutKick.
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Blaire Fleming of the San Jose State Spartans reacts during the set against the Air Force Falcons on Oct. 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
Crews wrote the plaintiffs’ request for an emergency delay “was not reasonable” and “would risk confusion and upend months of planning and would prejudice, at a minimum, (San Jose State) and other teams participating in the tournament.”
The players, who represented several schools in the Mountain West Conference, sought to have forfeits rescinded, the standings adjusted and Fleming banned from the tournament citing First Amendment and Title IX violations.
Crews’ ruling allowed Fleming to play in the tournament and the forfeits remain as losses. Boise State, Wyoming, Utah State and Nevada were among the Mountain West schools to cancel games against San Jose State over Fleming’s presence on the team. Those games resulted in forfeits and losses, while it helped the Spartans to a No. 2 seed in the conference tournament.
“San José State University will continue to support its student-athletes and reject discrimination in all forms. All San José State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules,” the school said in a statement to Fox News Digital.
“We are gratified that the Court rejected an eleventh-hour attempt to change those rules. Our team looks forward to competing in the Mountain West volleyball tournament this week.”
Fleming has been one of the top players in the conference and an offensive anchor for San Jose State this season, even amid the controversy. Fleming is third in the conference in average kills per serve with 3.86 and amassed 297 total kills on the year despite playing seven fewer games than expected due to the forfeits. It’s helped give San Jose State the third-best hitting percentage in the Mountain West.
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Brooke Slusser and Blaire Fleming of the San Jose State Spartans call a play during the first set against the Air Force Falcons on Oct. 19, 2024, in Colorado Springs. (Andrew Wevers/Getty Images)
A Mountain West Conference spokesperson told Fox News Digital last week it planned to crown San Jose State champions if they win the tournament.
They are guaranteed to play the semifinal and the opponent they are set to face in that match is guaranteed to be one of the four teams that refused to play them in the regular season. Utah State and Boise State are set to play in the quarterfinal match that will determine who faces the Spartans in the next round.
On the other side of the bracket, Colorado State holds the No. 1 seed in the tournament.
Colorado State played both games against San Jose State this year, as the teams split the series. Fresno State and San Diego State, two other teams that played the Spartans amid the controversy this year, will face off in the quarterfinal for the right to face Colorado State.
The Mountain West logo on display during the college football game between the Idaho Vandals and the University of Wyoming Cowboys on Sept. 7, 2024, at War Memorial Stadium in Laramie, Wyoming. (Kevin Langley/Icon Sportswire via Getty Images)
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But there is bound to be uncertainty in San Jose State’s semifinal, regardless of what team advances to that round, under the current setup.
The tournament begins on Wednesday.
Fox News’ Jackson Thompson contributed to this report.
