Nevada college says it won't cancel volleyball match against school with transgender player due to state law

The University of Nevada, Reno announced it will not forfeit its upcoming women's volleyball game against San Jose State Oct. 26 despite multiple requests from players to do so.

A university spokesperson told Fox News Digital Thursday the program would not forfeit the match because it would be a violation of state law. 

"The university made the decision not to declare a forfeiture and move forward with hosting the match as scheduled based on several factors. As a public university, the university is legally prohibited by Section 24 of the Nevada Constitution and other laws and regulations to declare a forfeit for reasons related to gender identity or expression," the spokesperson said. 

Article I, Section 24 of the Nevada Constitution provides that "Equality of Rights under the law shall not be denied or abridged by this state or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin."

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However, that constitution was revised in 2022 when Nevada voted to adopt the Equal Rights Amendment, which added gender identity to the list of protections. 

Nevada state Sen. Pat Spearman, a Democrat from North Las Vegas who co-sponsored the bill to get it on the ballot, said the law has helped transgender people maintain their identity.

"As a state university, a forfeiture for reasons involving gender identity or expression could constitute per se discrimination and violate the Nevada Constitution," the university's statement added. 

Twenty-three states have laws in place that restrict the inclusion of transgender athletes in women's sports. One of those states, Idaho, is home to Boise State, one of the first programs to forfeit a match against San Jose State. 

Idaho Gov. Brad Little issued an executive order to carry out the Defending Women's Sports Act in August, which is aimed at encouraging schools to ensure that only biological females compete in girls and women's sports. 

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Multiple states filed lawsuits and enacted their own laws to address this issue after the Biden-Harris administration issued a sweeping 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," in April. 

The administration insisted the regulation does not address athletic eligibility. However, multiple experts presented evidence to Fox News Digital in June that it would ultimately put more biological men in women's sports. 

The Supreme Court then voted 5-4 in August to reject an emergency request by the Biden administration to enforce portions of that new rule after more than two dozen Republican attorneys general sued to block the Title IX changes in their own states.

However, Nevada is not one of those states. The Silver State has been more compliant with the Democratic-leaning agenda on transgender athletes in women's sports. So, now Nevada's volleyball team will have to prepare for a match knowing multiple players will likely not participate.

The university also cited the First Amendment of the U.S. Constitution for choosing not to forfeit the match, claiming that playing against a transgender opponent is a right of free speech. 

"We also acknowledge that a student athlete’s choice to play in the same match may also be intended as free expression protected by the First Amendment. Consequently, a forfeiture declared by the university prior to the match for reasons involving gender identity or expression could violate the rights of our student athletes whether they choose to compete or not," the spokesperson said. 

By that same thinking, the program also said it promises that any player who chooses not to play in the match will not face consequences. 

"A student athlete’s refusal to participate in the match with San Jose State University can be interpreted as free expression," the statement said. 

Nevada players initially said in a statement to OutKick Monday that they planned to forfeit their match against the Spartans to "stand in solidarity" with Southern Utah, Boise State, Wyoming and Utah State, who have all pulled out of their matches against the Spartans.

Nevada team captain Sia Liillii met with Republicans, former Hawaii Rep. Tulsi Gabbard, Oklahoma Sen. Markwayne Mullin and Nevada Senate candidate Sam Brown after her team's win against Utah State on Tuesday and reaffirmed her stance about not competing against San Jose State. 

"I know what our team is going to do, and we are going to have integrity," Liillii told the Reno Gazette Journal. "I think this is the toughest thing our team has gone through, but I’m just glad I have so many brave young women behind me, and I get to be the captain of this team."

Liillii said the players have had direct conversations with Nevada Athletic Director Stephanie Rempe, but they have not changed the program's mind about forfeiting. 

The players' preference to forfeit drew praise from Nevada Gov. Joe Lombardo, who commended the players for standing up for what they believe in. It also brought praise from multiple players on San Jose State's team who have shared a court with a transgender teammate for multiple seasons. 

"Round of applause to the girls of the (Nevada Wolf Pack) volleyball team," San Jose State women's volleyball player Brooke Slusser wrote on X. "Deciding to go against what the school was forcing on you as young women and taking a stand for what you believe takes courage! Another great step in the right direction for women’s sports!"

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