Trans athlete Blaire Fleming granted permission by judge to play in conference finals

A judge has ruled that reportedly transgender athlete Blaire Fleming is free to compete in the Mountain West volleyball conference playoffs following an ongoing controversy that has plagued the San Jose State University (SJSU) volleyball team this season.

The ruling, as reported by the New York Post, stemmed from a lawsuit headed by a number of players in the conference – including a number on the SJSU team – and Melissa Batie-Smoose, the team’s head coach who was stood down from her duties on the back of her criticism of Fleming’s place on the team.

Earlier this month, Batie-Smoose was suspended following her Title IX complaint, which alleged that San Jose State University's transgender inclusion policy fostered a harmful environment for female athletes. She also accused the university of showing clear favoritism toward Fleming.

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The plaintiffs contended that permitting the transgender player to compete in the tournament would violate women's rights by denying them equitable opportunities. They sought a legal injunction to bar the athlete from participation. 

The SJSU team’s co-captain Brooke Slusser was also one of the players attached to the lawsuit and has been one of the most vocal critics of Fleming and the university.

In fact, Slusser has joined Gaines 2024 class action lawsuit against the National Collegiate Athletic Association (NCAA), citing her concerns over the risk Fleming poses to the other team – and herself, as Reuters reported. The lawsuit is reportedly claiming $50 million (£41 million/€46.5 million) for the dozen athletes who have joined.

Slusser also alleged that Fleming had conspired with an opposition teammate to injure her on the court, and made a formal complaint to the university alongside assistant head coach Batie-Smoose, who was then stood down from her role after pursuing Slusser's complaint, as Fox News reported.

So far six teams in the conference have forfeited against SJSU on the basis of Fleming’s presence and this has potentially helped the team pick up the points that have helped it qualify for the finals. 

It now leads to an awkward position where the SJSU Spartans will now face one of the teams – either Utah State and Boise State – which had forfeited in the regular season as its first playoff game. 

The backlash from Fleming's place on the team continues to intensify. Since October the team has required police supervision in games, while on November 9 in a match against San Diego State, the game attracted a record crowd, largely on the back of around 200 protestors, Outkick reported.

Fleming, for her part, has been silent on the issue, despite the immense public pressure being mounted on her. In fact, she has not publicly revealed she is transgender.

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Her gender has only been publically disputed by Slusser herself, who claims Fleming told her she was born male while the two were rooming together.

Image Credit: Instagram @brookeslusser04

What is particularly awkward about this despite the vitriol coming from at least one side, is that the two have continued to play on the same team and can be seen high-fiving and hugging in between points, the same as all team members, as The Chronicle reports.

"When we walk into that gym, it’s all about mutual respect, and we’re all here for one goal — we all want to win a volleyball game," Slusser said after the team’s loss to Colorado State. "When we walk into that gym, it doesn’t matter what’s happening in your personal life, what’s happening with a teammate, it doesn’t matter."

SJSU currently sits second on the Mountain West Conference table and look set for the playoffs in December. Their success built on the strong performances of both Fleming and Slusser – two star players – who, despite the noise, have continued to perform at an elite level on the court.

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