SAN JOSE, CA — A growing debate surrounding the inclusion of transgender athletes in collegiate sports has found a flashpoint at San Jose State University (SJSU). Spartan senior Brooke Slusser, co-captain of the women’s volleyball team, has joined a lawsuit alleging that the National Collegiate Athletic Association (NCAA) discriminates against women by allowing transgender athletes to compete in women’s sports. Slusser claims one of her teammates, who is transgender, has an unfair physical advantage over other players. She further alleges that she was not informed of her teammate’s transgender status, leading to discomfort with rooming arrangements during travel.
The controversy intensified this month, when two of SJSU’s opponents—Southern Utah University and Boise State University—opted to forfeit their matches against the Spartans. Boise State’s match, which was scheduled for Sept. 28, was called off without an official explanation. However, Idaho Gov. Brad Little and Sen. Jim Risch commended the decision, framing it as a stand in defense of women’s sports. The lawsuit and the forfeits underscore a broader national conversation about the balance between inclusion and competitive fairness in women’s athletics.
A Complex, National Debate
The issue at hand stems from the NCAA’s Transgender Eligibility Policies, which were updated in 2022 to align with standards set by the United States Olympic and Paralympic Committee and the International Olympic Committee. These policies defer to the specific guidelines of each sport’s national governing body to determine the participation of transgender athletes.
For many supporters of these policies, allowing transgender athletes to compete in accordance with their gender identity is a matter of equity and inclusion. LGBTQ+ advocates argue that transgender athletes should have the right to compete without being targeted or marginalized. Erin Reed, a journalist and transgender rights activist, noted that “attacks on transgender participation in sports have escalated in recent years, with evidence suggesting that these efforts are less about protecting women’s sports and more about facilitating the exclusion of transgender people from public life.”
However, critics like Slusser argue that biological differences give transgender women an inherent advantage in women’s sports. In her lawsuit, Slusser claims that her transgender teammate has an unfair physical edge due to the strength and speed with which she plays, stating that her spikes can reach speeds upwards of 80 miles per hour, a rate Slusser asserts is much faster than typical women’s volleyball players.
The case against the NCAA, which also includes other plaintiffs from across the country, echoes concerns raised by activists like Riley Gaines, a former collegiate swimmer who has become a vocal opponent of transgender women competing in women’s sports. Gaines and others argue that allowing transgender athletes to compete undermines the integrity of women’s sports and threatens the safety of cisgender female athletes.
The Response from San Jose State University and the NCAA
San Jose State University has largely remained silent on the specifics of the case and the identity of the transgender athlete in question, citing federal privacy laws that protect student records, such as the Family Educational Rights and Privacy Act (FERPA). SJSU officials emphasized in a statement that the volleyball program is fully compliant with NCAA regulations.
“We are operating our program under the regulations of both the NCAA and the Mountain West Conference. Our student-athletes are in full compliance with NCAA rules and regulations,” read a statement from Michelle Smith McDonald, SJSU’s senior director of media relations.
The NCAA, too, has stood by its policies, reiterating its commitment to fairness in women’s sports. In a statement to the sports publication OutKick, the organization emphasized that it remains committed to promoting Title IX and ensuring equitable competition for all student-athletes, regardless of gender identity. “College sports are the premier stage for women’s sports in America, and the NCAA members will continue to promote Title IX, make unprecedented investments in women’s sports, and ensure fair competition for all student-athletes,” the NCAA said.
Boise State and Idaho’s Political Backing
The Independent Council on Women’s Sports (ICONS) sent a letter to Mountain West Conference schools urging them to take action against San Jose State’s roster, but Boise State did not specifically cite the presence of a transgender athlete as the reason for its forfeiture. ICONS, which has filed its own legal challenges to transgender athletes’ participation, argued that such inclusion poses a safety risk to cisgender female athletes.
Gov. Brad Little and Sen. Jim Risch of Idaho were quick to praise Boise State’s decision. Gov. Little, who recently signed an executive order directing Idaho’s public schools to comply with a state law barring transgender women and girls from women’s sports, wrote on social media, “I applaud Boise State for working within the spirit of my Executive Order, the Defending Women’s Sports Act. We need to ensure player safety for all of our female athletes and continue the fight for fairness in women’s sports.” Though the law has been blocked pending litigation, Little’s order requires schools and universities to prepare for compliance.
The forfeiture has drawn further political attention, with U.S. Rep. Russ Fulcher and Sen. Mike Simpson also voicing their support for the move, underscoring the charged nature of the debate in Idaho and beyond.
Impact on Transgender Athletes
For transgender athletes like Blaire Fleming, a redshirt senior on the San Jose State women’s volleyball team, these controversies strike at the heart of their right to participate in sports. Although Fleming has not publicly commented on the current dispute, she has been a target of criticism since transferring to SJSU in 2022. Despite the challenges she faces, Fleming has played three seasons with the Spartans and is a key contributor to the team, ranking second in total kills and points this season.
Supporters of transgender inclusion in sports have decried the increasing focus on excluding transgender athletes, arguing that these policies disproportionately target a vulnerable group. Studies show that transgender individuals, particularly youth, face heightened rates of discrimination, mental health challenges, and even physical violence. For many transgender athletes, sports can be a vital outlet for building self-confidence and community.
But for athletes like Fleming, the scrutiny can be overwhelming. Following an incident in which she suffered injuries from a spike while playing a match against a transgender opponent, Payton McNabb, a former high school volleyball player from North Carolina, has emerged as one of the most outspoken opponents of transgender athletes participating in sports. While McNabb’s experience has fueled calls for more restrictive policies, it has also added to the stigma and challenges faced by transgender athletes.
Moving Forward
The debate over transgender participation in sports is far from settled. As the lawsuit against the NCAA moves forward, it is likely to reignite the national conversation about gender, fairness, and inclusion in athletics. For universities like San Jose State, the challenge will be to navigate the evolving legal landscape while maintaining a commitment to inclusion and compliance with NCAA regulations.
In the meantime, the Spartans continue their season, facing a mixture of support and opposition from their peers. The University of Wyoming has opted to proceed with its scheduled match against San Jose State on Oct. 5, while the University of New Mexico has affirmed it will host the Spartans on Oct. 17 despite the controversy.
As these discussions play out in courts and on campuses across the country, transgender athletes like Fleming remain at the center of a fierce battle over their right to compete. For many in the LGBTQ+ community and their allies, this is not just a fight for fairness in sports but a broader struggle for dignity, respect, and inclusion in public life.
The Bottom Line
The case involving San Jose State University and its volleyball team highlights the complexity of balancing inclusion with perceived competitive fairness in collegiate athletics. As the debate rages on, it is critical to approach these conversations with empathy, recognizing the challenges that transgender athletes face both on and off the court. While differing opinions persist, the ultimate goal should be to create an environment in which all athletes—regardless of gender identity—feel safe, supported, and valued.
