Blaire Fleming is a transgender volleyball player competing for San Jose State University in California. Like the University of Wyoming [UW], San Jose is part of the Mountain West Conference.

Eleven current and former players and one coach from the Mountain West Conference are participating in a lawsuit against Fleming. This includes three UW players– Macey Boggs, Sierra Grizzle, and Jordan Sandy. The lawsuit appeals to the court system to oust Fleming from the competition and reverse the forfeits that five separate teams have taken while boycotting San Jose. 

“I think it is very smart for [the Wyoming players] to get involved,” senior volleyball player Catelynn Floy said. “I feel like they are coming from a standpoint where they feel like it is unfair to play against Fleming.” 

To elaborate, certain aspects of volleyball like spiking or blocking require a high capacity to jump and hit the ball hard. 

“I went to a camp at UW a couple of years ago, and some of the players that are suing play back row,” Floy said. “I wouldn’t want to dig a ball that was hit by a biological male. I would consider suing if I was playing collegiately. ”

Much of the lawsuit is based on a recent transgender participation policy that became public on Sept. 27. The Mountain West Handbook (Appendix J) states, “… Should the entire team choose not to compete, it would forfeit its position in the event/final standings.” 

“I would say something would have to be done,” senior baseball player Brenton Henke said. “Males competing in female sports is unfair for the females and sports in general.” 

A Colorado-based U.S. District Court Judge, S. Kato Crews, declined the lawsuit, and the 10th Circuit Court of Appeals upheld the ruling, citing that the women should have filed sooner. The Court of Appeals acknowledged that the plaintiffs’ worries may have merit, but concluded there was insufficient urgency to warrant removing Fleming from gameplay. 

“Yes [there is enough urgency], because Fleming is male and simply said it’s not fair,” Henke said. “His body is bigger, he has stronger muscles, and it’s not right.”

Plaintiffs possess concerns about Fleming’s participation, including an infringement of Title IX rights, and unfair physical attributes that give Fleming an advantage. 

“All biological males produce more testosterone than women, and they have more muscle mass,” Floy said. “That is why having biological males in a female sport is so controversial. I personally wouldn’t want to compete against a trans athlete.”

Plaintiffs argue that the transgender participation policy was disclosed late, not allowing enough time to address concerns before the championship. Additionally, they allege that punishing schools for boycotting is viewpoint discrimination and breaches First Amendment rights. 

After Boise State forfeited their semi-final match at the conference championships, San Jose State advanced to the championship game. Colorado State won the championship game against San Jose in four tight sets (27-25, 25-20, 23-25, 25-16) on Nov. 30. 

“This is a very important issue because biologically, men are stronger and more athletic than women are,” senior volleyball player Saige Kidd said. “They have more testosterone and therefore are more developed strength-wise. This is a potential danger to the biological women who are competing with or against the transgender female. I feel as though this will lead to many more problems with women’s athletics in the future.”