(NewsNation) — The judge who dismissed an attempt to block a transgender athlete from San Jose State University from participating in the Mountain West Conference women’s volleyball tournament did so due to timing.
U.S. Magistrate Judge S. Kato Crews in Denver did not rule against the arguments of fairness and safety issues argued by the 12 plaintiffs in the suit, but rather due to the rushed suit.
The Mountain West Conference’s transgender participation policy has been in place since 2022.
“…There is no evidence to suggest they were precluded from seeking emergency relief earlier, and the rush to litigate these complex issues now over a mandatory injunction places a heavy lift on the Mountain West Conference at the eleventh hour,” the judge said.
The judge also noted in his ruling that “no defendant disputed that San Jose State rosters a trans woman volleyball player.”
Five schools have forfeited games against San Jose State this season; Boise State and Wyoming (twice each), Utah State, Nevada, and Southern Utah.
San Jose State co-captain Brooke Slusser, her associate head coach Melissa Batie-Smoose and 10 other current and former Mountain West volleyball players filed the suit.
Batie-Smoose was suspended indefinitely by San Jose State for filing a Title IX complaint against the school
The plaintiffs are seeking to have the transgender player deemed ineligible.
Kaitlynn Wheeler, former NCAA swimmer who competed against transgender athlete Lia Thomas gave her thoughts on the situation to NewsNation.
“The solution here is clear,” Wheeler said. “We need to return to the original intent of Title IX and protect women’s sports as a level playing field for female athletes.
“And it’s time for our leaders to prioritize fairness and listen to the voices of female athletes and also enact policies that defend women and their rights to safety, privacy, and equal opportunities.”
The plaintiffs have already appealed ahead of the tournament’s commencement on Wednesday. San Jose State provided a statement on the events to NewsNation.
“San José State University will continue to support its student-athletes and reject discrimination in all forms,” it read.
“All San José State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules. We are gratified that the Court rejected an eleventh-hour attempt to change those rules. Our team looks forward to competing in the Mountain West volleyball tournament this week.”
