About a week ago, this writer told you about a lawsuit filed against the Mountain West Conference over Blaire Fleming, the 'trans' volleyball player on the San Jose State University (SJSU). The suit claims the conference violated Title IX by adopting a 'transgender participation policy' (TPP) to protect Fleming. Fleming is a man and his presence on the SJSU team has lead several other teams to forfeit matches over concerns about the physical safety of the girls on those teams (not to mention basic fairness).
Yesterday, a judge held an emergency hearing on the suit, and here's how that went:
Witnesses were supposed to testify at an emergency hearing today for the Mountain West volleyball lawsuit centered around transgender SJSU player Blaire Fleming. However, the Biden-nominated federal judge decided on Wednesday not to allow witnesses. https://t.co/zbmQejC2Eq
— Dan Zaksheske (@RealDanZak) November 21, 2024
As OutKick previously reported, a Colorado court awarded an emergency hearing in the lawsuit that has a dozen women suing the Mountain West Conference.
The women allege, among other things, that the conference suppressed their First Amendment rights and violated Title IX as it relates to transgender San Jose State volleyball player Blaire Fleming.
During the hearing, lawyers for both the plaintiffs and the defense were expected to deliver arguments, in addition to witness testimony.
However, the federal judge appointed to the case, a Joe Biden nominee who was confirmed by the Democrat-controlled Senate in February by a 51-48 vote along party lines, informed both parties on Wednesday that he would not allow witness testimony.
We wonder why no witnesses. We can guess, of course, but we'd love the judge to explain that.
Supporters, including @xx_xyathletics founder @JenniferSey, are outside the courthouse for this morning’s hearing on the Mountain West lawsuit centering around SJSU trans volleyball player Blaire Fleming. pic.twitter.com/uszUHTdriL
— Dan Zaksheske (@RealDanZak) November 21, 2024
Good.
The hearing has begun. Judge declares that Blaire Fleming will be referred to using "she/her" pronouns, but says use of those pronouns does not mean the judge has made a decision regarding Fleming's gender. pic.twitter.com/lQqBZzrdNn
— Dan Zaksheske (@RealDanZak) November 21, 2024
It absolutely means the judge has a made a decision
California State University defendant requests that pseudonyms be used so that Blaire Fleming's name cannot be used in open court.
— Dan Zaksheske (@RealDanZak) November 21, 2024
Just amazing.
To be clear, the judge stated that he will use "she/her" pronouns but counsel is free to use whatever pronouns they would like to use. https://t.co/Dy5GtMTLVQ
— Dan Zaksheske (@RealDanZak) November 21, 2024
Good. Fleming is a man. A MAN.
Judge denies motion to not use Blaire Fleming's name.
— Dan Zaksheske (@RealDanZak) November 21, 2024
"While the court is not insensitive to the privacy issues... the defendants have essentially affirmed there is a transgender player on the SJSU volleyball team." https://t.co/wdavGmyGI1
Another sensible ruling.
Court is in recess. Plaintiffs have made oral arguments that the Mountain West's adoption of a "Transgender Participation Policy" in late September violates Title IX because Blaire Fleming is taking away an opportunity for a woman on the SJSU volleyball team. pic.twitter.com/0H4UQWmfam
— Dan Zaksheske (@RealDanZak) November 21, 2024
We wonder how the Biden-Harris rewrite of Title IX -- which explicitly protects men like Fleming -- will impact this.
In addition, plaintiffs argue the Title IX rights of the women forced to compete against SJSU and Fleming have been violated, as well as the First Amendment rights of those who protested by refusing to play.
— Dan Zaksheske (@RealDanZak) November 21, 2024
It does. But remember that the Biden-Harris rewrite of Title IX also punishes women who complain about 'trans' athletes.
"There is no way Blaire Fleming's advantage would exist if Fleming wasn't male."
— Dan Zaksheske (@RealDanZak) November 21, 2024
-Plaintiff attorney argument.
It wouldn't.
Men are physically stronger and faster than women. They have more muscle mass.
Identifying as a woman doesn't change that.
Defense attorney for Mountain West just began his oral arguments.
— Dan Zaksheske (@RealDanZak) November 21, 2024
Says that because the conference is not a "state actor" it isn't bound to the First Amendment and because it does not "receive federal funds" it is not bound by Title IX. pic.twitter.com/3iUIwgRTOV
That's adorable.
Judges pushes back on claim that MWC isn't a "state actor" by asking how a conference that comprises state institutions and relies on those institutions to ratify policies isn't then intertwined with "state action."
— Dan Zaksheske (@RealDanZak) November 21, 2024
It is a state actor.
Judge asks Mountain West why they didn't follow proper procedures to add "Transgender Participation Policy" to its official handbook. MWC lawyer admits that the Board did not vote on the addition but that it was simply a staff decision to add the policy in September.
— Dan Zaksheske (@RealDanZak) November 21, 2024
Oh. Look at that.
In rebuttal, plaintiffs lawyer argues that the defense just admitted to a violation of Mountain West bylaws to add "Transgender Participation Policy" to its handbook on the same day Boise State forfeited against SJSU. https://t.co/booTiTZBSJ
— Dan Zaksheske (@RealDanZak) November 21, 2024
It was a way to punish women who didn't want to play against a man.
That's all it was.
"Our clients should not be bound by a rule that was hidden from them."
— Dan Zaksheske (@RealDanZak) November 21, 2024
- Plaintiffs lawyer argues that the "TPP" should not apply and the games that were forfeited should not be counted as losses. https://t.co/62wsKdfQAZ
A reasonable argument.
Here's Zaksheske's report on the hearing:
My full coverage from today's emergency hearing in the Mountain West lawsuit case centered around SJSU transgender player Blaire Fleming. https://t.co/Tcnyadj4Lp
— Dan Zaksheske (@RealDanZak) November 21, 2024
The tournament is due to start on Wednesday, so the judge indicated he'll likely rule before then.
We'll keep you posted.
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