3rd college volleyball team refuses to compete against transgender opponent, forfeiting game

The University of Wyoming women's volleyball team became the third in the nation to forfeit a game to San Jose State this season. 

Wyoming joined Boise State and Southern Utah, all of which did not give a specific reason for the forfeit. 

"After a lengthy discussion, the University of Wyoming will not play its scheduled conference match against San Jose State University," the volleyball program said in a statement on Tuesday. "Per Mountain West Conference policy, the conference will record the match as a forfeit and a loss for Wyoming." 

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Blaire Fleming, a transgender female, competes on San Jose State's team. Fleming is a redshirt junior at San Jose State University, who plays as an outside and right-side hitter and played two seasons at SJSU after previously playing at Coastal Carolina.

San Jose State responded in a statement to OutKick on Tuesday.

"It is disappointing that our SJSU student athletes, who are in full compliance with NCAA and Mountain West rules and regulations, are being denied opportunities to compete. We are committed to supporting our student-athletes through these challenges and in their ability to compete in an inclusive, fair, safe and respectful environment," the statement read. 

Brooke Slusser, a member of San Jose's women's volleyball team, joined 18 other athletes in suing the NCAA over its current gender identity policies. The lawsuit alleged Slusser, who transferred to San Jose, felt concerned for her safety after realizing one of her new teammates was transgender.

Slusser claimed she was not aware that Fleming was transgender despite sharing rooms together on team trips, per the court documents. Slusser also expressed safety concerns for opponents playing against Fleming. 

"Brooke estimates that Fleming’s spikes were traveling upward of 80 mph, which was faster than she had ever seen a woman hit a volleyball," Slusser’s complaint read. "The girls were doing everything they could to dodge Fleming’s spikes but still could not fully protect themselves."

Former NCAA swimmer Riley Gaines, who is also engaged in a lawsuit against the NCAA for having to compete and share a locker room with transgender biological male opponent Lia Thomas, commended Boise State as the second program to refuse to compete against San Jose State in a statement to Fox News Digital on Sept. 27. 

"I commend Boise State’s athletic department and everyone involved in the decision to forfeit their match against undefeated San Jose State," Gaines said in a statement to Fox News Digital. 

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"Some principles transcend winning on the court, and the safety and well-being of female athletes is one of them. It's encouraging to witness a growing number of institutions prioritizing fairness and athlete safety over forced inclusion. I hope to see more universities follow the lead of Boise State and Southern Utah, standing up for what’s right and protecting the integrity of women’s sports."

Utah governor Brad Little also commended Boise State for its decision. Little's state of Utah has been one of the most proactive in the nation in countering transgender inclusion in women's sports. 

On Aug. 28, Little signed an executive order to enforce the "Defending Women's Sports Act," which issued new protocols to the state's public school to promote the exclusion of transgenders in women's sports. 

In an exclusive interview with Fox News Digital on Aug. 30, Little did not rule out administering gender eligibility tests for all girls and women's sports teams, but added that I’d have to see really good evidence that that’s necessary." 

"From a national standpoint, there are radical little groups that want to implement changes in the rules that we have already. I’m confident in what we have, and we will aggressively (act), as the state of Idaho, both legally and legislatively, to protect women’s athletes and the great advances they’ve made because of Title IX."

In April, the Biden administration issued a sweep rule that clarified that Title IX’s ban on "sex" discrimination in schools covers discrimination based on gender identity, sexual orientation and "pregnancy or related conditions." 

The rule took effect Aug. 1, and, for the first time, the law stated that discrimination based on sex includes conduct related to a person’s gender identity. The Biden administration insisted the regulation does not address athletic eligibility. However, multiple experts presented evidence to Fox News Digital in June that Biden's claims it would not result in biological men participating in women's sports weren't true and that the proposal would ultimately put more biological men in women's sports.

But current administration's efforts have faced heavy resistance from GOP lawmakers like Little and now individual schools and teams are even taking stands.

On Aug. 16, the Supreme Court voted 5-4 to reject a Biden administration emergency request to enforce portions of that new rule that includes protection from discrimination for transgender students under Title IX. 

Now, Wyoming, Southern Utah and Boise State have added to that resistance. 

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