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Erin Reed at Erin In The Morning:

Boise State University released a statement on Saturday indicating that it would forfeit its match against undefeated San Jose State University. The move comes after allegedly transgender volleyball player Blaire Fleming was outed by a Reduxx article and then targeted by her teammate Brooke Slusser, who corroborated Blaire’s outing in legal filings after Blaire spoke privately about her gender identity. Now, Slusser has joined a lawsuit with anti-trans campaigner Riley Gaines in attempting to force the NCAA to disallow transgender athletes from playing on teams of the same gender. In addition, ICONS, the anti-trans organization supporting the lawsuit, sent a letter to the Mountain West Conference’s university president outing Fleming, a move that ultimately led to Boise State’s decision to forfeit the game.

“San Jose State University (SJSU), a California state university and a member of the Mountain West Conference (MWC), along with the National Collegiate Athletic Association (NCAA), are allegedly violating federal law by enforcing the NCAA's Transgender Eligibility Policies (TEP). These policies allow Blaire Fleming, a transgender-identifying male, to compete on SJSU's women's volleyball team,” said the letter, falsely asserting that Title IX bans transgender athletes from competing.

Notably, transgender participation in sports does not violate any federal law. Title IX has been interpreted to protect transgender participation in sports, as evidenced by rulings from federal judges in the 9th Circuit area of jurisdiction, which covers states like California and Idaho. The 9th Circuit Court of Appeals itself has ruled that transgender athletes can continue to participate in response to ongoing court cases. Title IX protections for trans athletes have likewise been affirmed in other circuits, such as the 4th Circuit Court of Appeals, which upheld a similar ruling in West Virginia. Fleming originally played in South Carolina but was forced to transfer to California after the state threatened and then later enacted a ban on transgender athletes competing in women’s sports. Upon transferring, she became Slusser’s roommate, according to Slusser’s legal filing. In her lawsuit, Slusser claims that she was unaware Fleming was transgender, a point that challenges the argument that people “can always tell” who is transgender—a common argument against transgender inclusion. Slusser’s legal filing consistently misgenders Fleming throughout.

[...] The complaint, along with various news sites, highlights Fleming’s height of 6'1". For instance, Must Read Alaska describes Blaire as "a physically imposing transgender player" who "is 6'1" and towers over opposing teams." However, a quick glance at the San Jose State University (SJSU) website shows that 7 out of 25 players on the team are 6 feet or taller. Additionally, 11 of Boise State’s players exceed 6 feet in height, with many taller than Blaire. None of these athletes are accused of possessing an unfair advantage, despite their bodies being very similar to Blaire’s in appearance and size. There is no evidence that Blaire, or that most transgender players who have been on hormone therapy for 2+ years, retain a significant advantage over cisgender female athletes in the sport of volleyball. [...] As Slusser and ICONS' lawsuit remains unresolved, the broader landscape for transgender athletes continues to evolve, particularly in states like California, where legal protections are robust. Blaire Fleming's place on the team appears secure for now, but the future of transgender rights, including participation in sports and access to gender-affirming care, is currently in the hands of the Supreme Court, which will rule on the issue of equal protection in the coming months. The outcome of these upcoming rulings will not only impact individual athletes like Blaire but will also shape the rights and recognition of transgender people across the nation for years to come.

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