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A law firm leading the charge in the ongoing Supreme Court case over trans athletes in women’s sports has responded after a federal judge suggested the case’s ruling could impact a separate case involving a similar issue.
Colorado District Judge Kato Crews deferred ruling in motions to dismiss former San Jose State volleyball co-captain Brooke Slusser’s lawsuit against the California State University (CSU) system until after a ruling in the B.P.J. v. West Virginia Supreme Court case, which is expected to come in June.
Slusser filed the lawsuit against representatives of her school and the Mountain West Conference in fall 2024 after she allegedly was made to share bedrooms and changing spaces with trans teammate Blaire Fleming for a whole season without being informed that Fleming is a biological male.
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Meanwhile, the B.P.J. case went to the Supreme Court after a trans teen sued West Virginia to block the state’s law that prevents males from competing in girls’ high school sports.
The Alliance Defending Freedom (ADF) is the primary law firm defending West Virginia in that case at the Supreme Court, and has now responded to news that Slusser’s lawsuit could be affected by the SCOTUS ruling.
“We hope the ruling from the Supreme Court will affirm that Title IX was designed to guarantee equal opportunity for women, not to let male athletes displace women and girl in competition. It is crucial that sports be separated by sex for not only the equal opportunity of women but for safety and privacy. Title IX should protect women’s right to compete in their own sports. Allowing men to compete in the female category reverses 50 years of advancement for women,” ADF Vice President of Litigation Strategies Jonathan Scruggs said.
Slusser’s attorney, Bill Bock of the Independent Council on Women’s Sports, expects a Supreme Court ruling in favor of the legal defense representing West Virginia, thus helping his case.
(Left) Brooke Slusser (10) of the San Jose State Spartans serves the ball during the first set against the Air Force Falcons at Falcon Court at East Gym in Colorado Springs, Colorado, on Oct. 19, 2024. (Right) Blaire Fleming #3 of the San Jose State Spartans looks on during the third set against the Air Force Falcons at Falcon Court at East Gym on October 19, 2024 in Colorado Springs, Colorado. ( Andrew Wevers/Getty Images; Andrew Wevers/Getty Images)
“We’re looking forward to the case going forward,” Bock told Fox News Digital.
“I believe that the court is going to find that Title IX operates on the basis of biological sex, without regard to an assumed or professed gender, and so just like the congress and the members of congress that passed Title IX in 1972, allowed this specifically provided for in the regulations that there had to be separate men’s and women’s teams based on biological sex, I think the court is going to see that is the original meaning of the statute and apply it in that way, and I think it’s going to be a big win in women’s sports.”
The Supreme Court’s conservative majority appeared prepared to rule in favor of West Virginia after oral arguments on Jan. 13.
Slusser spoke on the steps of the Supreme Court on Jan. 13 while oral arguments took place inside, sharing her experience with a divided crowd of opposing protesters.
With Fleming on its roster, SJSU reached the 2024 conference final by virtue of a forfeit by Boise State in the semifinal round. SJSU lost in the final to Colorado State.
Slusser went on to develop an eating disorder due to the anxiety and trauma from the scandal and dropped out of her classes the following semester. The eating disorder became so severe, that Slusser said she lost her menstrual cycle for nine months. Her decision to drop her classes resulted in the loss of her scholarship, and her parents said they had to foot the bill out of pocket for an unfinished final semester of college.
President Donald Trump’s Department of Education determined in January that SJSU violated Title IX in its handling of the situation involving Fleming, and has given the university an ultimatum to agree to a series of resolutions or face a referral to the Department of Justice.
Among the department’s findings, it determined that a female athlete discovered that the trans student allegedly conspired to have a member of an opposing team spike her in the face during a match. ED claims that “SJSU did not investigate the conspiracy, but later subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews.”
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SJSU trans player Blaire Fleming and teammate Brooke Slusser went to a magic show and had Thanksgiving together in Las Vegas despite an ongoing lawsuit over Fleming being transgender. (Thien-An Truong/San Jose State Athletics)
SJSU Athletic Director Jeff Konya told Fox News Digital in a July interview that he was satisfied with how the university handled the situation involving Fleming.
“I think everybody acted in the best possible way they could, given the circumstances,” Konya said.
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