Judge hears lawsuit over SJSU trans athlete claims ahead of Mountain West tournament
The lawsuit asserts that Slusser's rights have been violated because SJSU is allowing a student she claims is transgender to play.
SAN JOSE, Calif. (KGO) -- An emergency hearing was held in Colorado Thursday morning regarding a lawsuit against the Mountain West Conference and San Jose State University.
This the latest turn of events after a San Jose State player claimed that her teammate is transgender.
As a season full of controversy for the San Jose State women's volleyball team comes to an end on the court, a legal battle is just heating up in a different kind of court.
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In a Colorado court Thursday, a lawsuit brought by SJSU co-captain Brooke Slusser against the Mountain West Conference challenged a policy that allows transgender students to play volleyball.
Slusser has refused our requests for an interview, but has spoke exclusively on Fox News about what she says is a fight for female athletes' rights.
The lawsuit asserts that Slusser's rights have been violated because the university is allowing a student she claims is transgender to play volleyball.
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"Behind the scenes, I do have a lot of love support from my team and that's all that I can ask for," Slusser told Fox News. "I'm not asking for them to stand up and talk because that's what I've decided to do. I'm doing this for me and for them."
Five universities have refused to play against San Jose State - forfeiting seven matches.
After forfeiting two games against the Spartans because of the allegation that one of the players is transgender, Utah State University filed a motion to join the lawsuit.
The suit has been brought by Slusser, 10 other athletes and SJSU associate head coach Melissa Batie-Smoose alleging the Mountain West Conference has violated Title IX and First Amendment rights.
They want the forfeits rescinded, standings adjusted and the athlete in question banned from playing in the tournament.
The judge hearing the case promised a decision expected "as prompt as possible." The Mountain West Tournament starts November 27.
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Menlo College political scientist Melissa Michelson says this decision won't be a final resolution, as the Supreme Court has already weighed in on the broader issue.
"That has said, on the one hand, yes you have to be sensitive to people's religious beliefs and First Amendment rights," Michelson said. "But you also have to treat transgender people fairly and discrimination against transgender people is a violation."
A statement from a CSU spokesperson read: "San Jose State University will continue to support its student-athletes and reject discrimination in all forms. All San Jose State University student-athletes are eligible to participate in their sports under NCAA and Mountain West Conference rules."
As it stands, SJSU's regular season is over after Boise State forfeited Thursday's match. San Jose is currently a fourth seed in the conference tournament.
BSU and USU are the only two potential tournament opponents that have forfeited matches against the Spartans.
If SJSU wins the championship, they would advance to the NCAA tournament, where they could face schools from anywhere across the country.
