Estimated read time: 3-4 minutes
- A Utah State University volleyball player is part of a lawsuit against the Mountain West Conference.
- The lawsuit seeks to prevent a San Jose State University player from participating in a tournament.
- The lawsuit claims that the student-athlete is transgender. Some schools have declined to play against the team.
LOGAN — A Utah State University women's volleyball player is part of a new lawsuit against the Mountain West Conference, seeking to prevent a San Jose State University player from participating in a tournament later this month.
This lawsuit was filed in U.S. District Court in Colorado by 11 volleyball players, including USU's Kaylie Ray, and a coach. They're upset that San Jose State player Blaire Fleming has been allowed to participate on a women's volleyball team when they argue in the lawsuit that Fleming is transgender and was born a male.
The plaintiffs in the suit want Fleming to be declared ineligible to play in the Mountain West Conference tournament in Las Vegas, which is scheduled for Nov. 27 to Nov. 30.
Ray, co-captain of the USU women's volleyball team, is part of the lawsuit. Her team chose not to play San Jose State last month, earning the support of many Republican state lawmakers in Utah. Southern Utah University also bowed out of a match against San Jose State in September.
Last month, Mountain West Conference Commissioner Gloria Nevarez told the Associated Press that Fleming "meets the eligibility standard, so if a team does not play them, it's a forfeit, meaning they take a loss." The lawsuit claims that statement indicates Nevarez "publicly confirmed that Blaire Fleming is male and identifies as transgender."
The lawsuit, which was filed Wednesday, argues that Title IX regulations protect "equal opportunity for women's athletics programs and opportunities."
"The most significant reason that women overwhelmingly are unable to effectively compete for roster spots, scholarships, and recognition on men's teams in these sports is biological: male competitive advantage derived from vast physiological differences between men and women," the plaintiffs wrote.
Ray specifically argues that current policies from the Mountain West Conference, the NCAA, and San Jose State are not providing equal opportunities for women.
The USU player also said she has faced pushback for speaking out, including from her own coach, who Ray alleged scolded her for posting a photo of herself and other teammates wearing a T-shirt that said "BOYcott" on it.
In the lawsuit, Ray said, "Many around us were only concerned about the discomfort our stand was causing them and how it made them appear to others. They did not appear to care about standing up for us; they simply acted inconvenienced and put off by our decision to speak up for women."
In response to an inquiry from KSL-TV, the Mountain West Conference issued the following statement Friday on the lawsuit:
"The Mountain West Conference prioritizes the best interests of our student-athletes and takes great care to adhere to NCAA and (Mountain West) policies. While we are unable to comment on the pending litigation of this particular situation, we take seriously all concerns of student-athlete welfare and fairness."
In a statement late Friday, USU said it "supports the rights of all students to speak out on important issues regardless of their viewpoint. Ms. Ray has been steadfast in her advocacy for women in sports, and USU supports her right to advocate for her position through litigation."
Rep. Kera Birkeland, R-Morgan, who has sponsored multiple bills dealing with transgender issues in Utah, expressed support this week for the players who filed the lawsuit.
"Although few at their institutions are willing to advocate for them," Birkeland wrote on social platform X, "it's encouraging to see these young women rising up and advocating for themselves."
Other plaintiffs in the suit include current and former players from San Jose State University, the University of Nevada, the University of Wyoming and Boise State University.
