WASHINGTON D.C. — In a disappointing blow to women athletes, the U.S. District Court for the District of Colorado in the Tenth Circuit ruled in Slusser et al v. Mountain West Conference that San Jose State University, which rosters a male on its women’s volleyball team, is eligible to compete in the Mountain West Conference women’s volleyball tournament. The Court denied injunctive relief sought by a dozen female volleyball players and coaches, as part of the lawsuit filed by ICONS against San Jose State University and the Mountain West Conference for violating Title IX and its own bylaws to include a male on the women’s team.
The decision not only denies female athletes their right to equal opportunity but also fails to address the losses incurred by five women’s volleyball teams who forfeited their matches against San Jose State, sacrificing their collegiate records in a bold stand for fair competition and physical safety.
The Court’s ruling reflects the ongoing fallout of the Biden administration’s illegal rewrite and reinterpretation of Title IX, which undermines women’s rights by requiring schools to allow males to self-identify into women’s spaces, opportunities, and athletics.
May Mailman, director of Independent Women’s Law Center, the legal advocacy arm of Independent Women’s Forum (IWF), said, “Once again, Title IX is being weaponized by wayward judges to protect men in women’s sports, instead of promote the equality of women. The Supreme Court has three cases before it, about whether women’s sports are legal, to give these judges guidance. It needs to jump in.”
Sia Li’ili’i, Independent Women’s Forum ambassador and current women’s volleyball team captain at the University of Nevada Reno, said, “Although this ruling is very disheartening, I will continue to fight for women’s rights in sports. The unnecessary pressure of playing against a male player being placed upon the women competing in the Mountain West tournament is not fair or right. I wish these women the best of luck and I am disappointed in the judge for choosing not to protect women in sports.”
Payton McNabb, Independent Women’s Forum ambassador and former high school volleyball player who was knocked unconscious by a biological male on the opposing women’s team, said, “A federal judge just made a ruling that completely fails to stand with women. This is yet another example of how those entrusted to protect us continue to put ideology above women’s safety and fairness.”
Adriana McLamb, Independent Women’s Forum spokeswoman and recruiting coordinator to aspiring collegiate female volleyball players in Orlando, Florida, said, “The 10th circuit rules once again against women. First sororities, now athletics. It is unacceptable that San Jose State will compete in the conference tournament with a male athlete and have an opportunity to proceed to compete in the national championship tournament. But let’s be clear, this fight is far from over. The athletes and coach in this lawsuit not only have the support of us at Independent Women but also millions of Americans as they rightfully appeal this decision.”
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