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Tipsheet

Why This Incident With a Trans Athlete Is Unlike the Rest

AP Photo/Charlie Riedel

Meet Blair Fleming, a transgender college volleyball player dominating female athletes due to the fact she is actually a man and has the athletic capabilities of a man. However, in the state of California, this is allowed. 

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The San Jose State volleyball player is enraging women’s rights groups after Fleming helped propel the San Jose State women's volleyball team to the Mountain West Volleyball Championship finals. He has absolutely played a significant role in propelling the team to advance, thanks to his spiking skills and large stature. 

However, the team didn’t even have to compete for the last game as Boise State, among others, forfeited twice against the San Jose team during the regular season in protest of the transgender player. This resulted in seven conference wins for San Jose State. However, despite Jose State being 12-5 in the conference, six of those are forfeited wins by other teams.

On Saturday, three Colorado State women’s volleyball players took a knee during the national anthem— for the second time.

Colorado State head coach Emily Kohan suggested the girls were kneeling because of the Black Lives Movement— and not because of the 6-foot-1 transgender biological male athlete they were forced to compete against. 

The average height of a women's college volleyball recruit is 5-foot-9. 

“They’ve knelt since their freshman year when the Black Lives Matter movement was going on, and, in this program, we raise critical thinkers to make decisions for what’s important to them,” Kohan said. “And, for those three, they’re Black players, and it’s been important to them for five years. And they’ve stood their ground for saying that this is something that they believe in, and we’ve all supported them.”

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In addition, one of the kneeling players, Malaya Jones, is accused of conspiring with San Jose State’s transgender player to injure her teammate.

Jones allegedly had meetings with Fleming and received scouting reports about the player, Brooke Slusser. 

Slusser is involved in a lawsuit against San Jose State and the NCAA, claiming she was required to share living and changing spaces with Fleming. She further alleges that neither entity disclosed that Fleming is a biological male.

This is not Flemings’s first rodeo. 

As a teenager, Fleming, also known as “Brayden Fleming,” set numerous records throughout his high school career. Highlights shared on Hudl feature several impressive plays, with Fleming leaping into the air to deliver powerful spikes. Opponents can be seen diving in vain to block his shots, but they were consistently unable to stop him.

This comes after Judge Shane Kato Crews, appointed by outgoing President Joe Biden, ruled on Monday that a trans volleyball player can play in a women’s tournament. 

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In his ruling, Crews noted that the plaintiff's case was undermined by the failure to take timely action, particularly given that Mountain West's transgender participation policy has been in effect since 2022.

“Considering the nature of this relief, the Court finds it alters the status quo because SJSU’s alleged trans teammate has been on its roster since 2022 and throughout the 2024 season, and because the [transgender participation policy] has been in effect since August of 2022,” his ruling read. “It was not until the spring of 2024, at the earliest, that questions arose from Plaintiffs regarding her gender identity.”

The ruling also referenced the 2020 Supreme Court decision, which expanded the Civil Rights Act of 1964 to include protections based on sexual orientation and gender identity, a move many conservatives have criticized for overstepping the law's original intent.

After the ruling, the case was appealed on Tuesday, but the federal appeals court dismissed the appeal.

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