By Sarah Holliday
Southern Utah, Boise State, and Wyoming universities forfeited women’s volleyball matches against San José State over the inclusion of a male on the female team, sparking Christian non-profit Concerned Women for America to launch a lawsuit against San José State.
Both Southern Utah University (SUU) and Boise State University’s (BSU) female volleyball teams made the decision to refuse competing against a team with a male-born player.
San José State University’s (SJSU) Blaire Fleming (born Brayden Fleming) is the 6’1 biological male competing on the SJSU female volleyball team – the individual various outlets have attributed to the school’s undefeated winning streak. However, after reassessing their initial decision, the University of Wyoming (UW) has added itself to the list of schools demanding fairness and safety in women’s sports.
When UW first learned of the transgender-identifying opponent, they first decided to move forward with their October 5 game. But not long after BSU chose to forfeit, “It appears [UW] … had a change-of-heart,” wrote OutKick’s Dan Zaksheske in response to the team announcing they would, in fact, not compete.
SUU was the first school to opt out of play against SJSU in a preseason matchup and BSU was the first to cancel conference play. Both teams did not explicitly state their reason for forfeiting, and UW also kept their public statement vague. They shared in a statement from Tuesday:
After a lengthy discussion, the University of Wyoming will not play its scheduled conference match against San Jose State University. Per Mountain West Conference policy, the conference will record the match as a forfeit and a loss for Wyoming.
But as Zaksheske added, “While Wyoming is the latest school to cancel a match against San Jose State, don’t be surprised if more schools follow suit.”
It turns out SJSU chose to initially hide the fact that Fleming is a biological male – from both his own teammates and other competitors. This reality, alongside an increasing number of colleges refusing to compete, has not merely sparked controversy, but action as well.
The conservative Christian non-profit Concerned Women for America (CWA) has filed a complaint against SJSU. “We want to protect the integrity of women’s sports but also the safety of these female athletes,” said Macy Petty, a CWA legislative assistant and a NCAA volleyball athlete.
According to Petty, the issue is rooted in the fact that “many of these schools were unaware that there was a male athlete on” the female team. “We just want to make sure that these schools know exactly what is going on in this athletic program because the NCAA and SJSU had not previously given them the decency to even let them know what was happening.”
Ultimately, Petty pointed out, “There’s no informed consent for the schools or for the female athletes here. They’re totally blindsided when they walk up to the court and they see that there’s a male athlete on the other side.” As Fox News reported, CWA’s “federal civil rights complaint [alleged] female discrimination and [argued] that the California university allowed a male athlete to hold a female roster spot as well as a female athletic scholarship.”
In a comment to The Washington Stand, Doreen Denny, CWA senior advisor, stated, “What is happening in NCAA women’s volleyball is a game changer.” As she went on to say, this is the first time we’re seeing “NCAA member institutions … taking a stand against the NCAA’s trans athlete policy that directly discriminates against female athletes and are upholding the integrity of women’s sports.”
CWA CEO Penny Nance also praised UW’s decision in a statement, emphasizing her gratitude that the university “has taken seriously the issues of unfairness and discrimination against female athletes when males compete in women’s sports.” She added, “No NCAA member institution should have to be making this choice.”
In addition to CWA’s complaint, former University of Kentucky swimmer Riley Gaines has filed a lawsuit against SJSU. Included as a plaintiff in this lawsuit is Brooke Slusser, a player on the SJSU volleyball team. The document reads:
Due to the NCAA’s Transgender Eligibility Policies which permit Fleming to play on the SJSU women’s volleyball team and which led to SJSU recruiting Fleming, giving Fleming a scholarship, and allowing Fleming to be in positions to violate Brooke’s right to bodily privacy, Brooke has suffered physical and emotional injuries, embarrassment, humiliation, emotional distress, mental anguish and suffering.
In comments shared with OutKick, Slusser said, “It’s crazy to say, but it was an easy decision for me to join because it’s something I truly believe in.… This is something that so many people do care about. It’s just that so many people are scared to talk about it.”
“While these schools have not given a full explanation for their decisions to forfeit matches against San Jose State University,” concluded Denny, “their actions are speaking louder than words.”
This article is reprinted with permission from the Family Research Council, publishers of The Washington Stand at washingtonstand.com.
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