Biden Judge Under Fire After Controversial Decision on Transgender Volleyball Player

Even after Donald Trump’s re-election victory, the contentious debates over transgender issues are far from over.

On Monday, a federal judge appointed by President Joe Biden ruled in favor of allowing a biological male, identifying as a transgender woman, to compete in a women’s volleyball tournament for California’s San Jose State University. This decision came despite objections from San Jose State’s co-captain and other female athletes from competing schools.

The ruling has sparked a significant backlash.

According to the San Jose Mercury News, U.S. District Judge S. Kato Crews denied an emergency injunction filed by San Jose Spartans volleyball co-captain Brooke Slusser and other plaintiffs. They had sought to prevent the male player from participating in the Mountain West Conference championship, which begins Wednesday.

Crews also ruled that forfeited matches by teams unwilling to compete against San Jose State due to the male player’s inclusion would remain recorded as losses. These forfeits contributed to San Jose State securing a No. 2 seed for the tournament, as reported by Fox News.

The plaintiffs had sought to ban the transgender athlete, identified as “Blaire Fleming” (born Brayden Fleming), from the competition. Additionally, they requested that the forfeits be removed from the records and the tournament standings recalibrated.

“The movants have failed to meet their burden to show irreparable harm, a likelihood of success on the merits, or that the balance of harms or equities is in their favor,” Crews wrote in his ruling, according to Fox News.

For female players who’ve faced Fleming’s powerful "kill spikes" on the court, the concept of “irreparable harm” may feel far more personal than it does to a judge in chambers. Similarly, competing teams may view the "equities" differently, considering some opted to forfeit matches rather than compete against a male athlete.

The decision has ignited outrage among activists and social media users, including former collegiate swimmer Riley Gaines, who has been outspoken about fairness in women’s sports.

Monday’s ruling is just the latest chapter in a growing controversy surrounding the San Jose State volleyball team.

In October, as reported by Outkick, the team’s associate coach, Melissa Batie-Smoose, filed a Title IX complaint against the university. She alleged that Fleming had conspired with a Colorado State women’s volleyball player to fix a match and target co-captain Slusser for injury. This accusation came after Slusser joined a lawsuit challenging the NCAA’s policies allowing biological males to compete in women’s sports.

In an interview with Outkick, Slusser revealed that she was initially unaware that Fleming was biologically male.

After transferring to San Jose State in the fall of 2023, she shared a residence with four teammates, including Fleming. She said she played the entire season with him, roomed with him during road trips, and had no knowledge of his biological sex.

“At no point during her recruitment, nor during the 2023 season, was Slusser informed that a male athlete was on the team,” Outkick reported.

Reflecting on the revelation, Slusser described it as a “hard pill to swallow.”

“I couldn’t comprehend the fact that there was a man on the team. It was almost as if I was in denial for a really long time that this was happening,” she said.

After filing the Title IX complaint, Batie-Smoose was suspended indefinitely. Speaking to Fox News on Saturday, she stood by her actions, stating, “I just couldn’t take any more.”

Despite internal dissent, San Jose State expressed satisfaction with Crews’ decision.

“We are gratified that the Court rejected an eleventh-hour attempt to change those rules,” the university said in a statement, according to Fox News. “Our team looks forward to competing in the Mountain West volleyball tournament this week.”

In a recent interview with KTVU-TV, Slusser reiterated that her concerns about Fleming’s inclusion were rooted in issues of fairness and safety.

“It’s not about how someone chooses to live their life day to day. That’s not the issue,” she said. “But when it comes to the fairness and safety of women playing, there’s a reason there are separate divisions for men and women.”