Judge tosses college volleyball players' suit over trans athletes

DENVER (CN) — A federal judge on Tuesday largely dismissed a lawsuit filed by women’s volleyball players who sought to block the Mountain West Conference from allowing transgender athletes to play in championship matches.

“Plaintiffs do not allege that there is currently a transgender athlete playing volleyball in the Mountain West Conference,” wrote U.S. District Judge S. Kato Crews in a 38-page opinion. “The NCAA changed its [transgender eligibility policy]. The policy now precludes student-athletes assigned male at birth from competing on women’s teams.”

During the 2024 season, the Southern Utah women’s volleyball team refused to play a match against San Jose State after it was reported the Spartans had a transgender member, setting off a string of forfeitures by Mountain West opponents. The conference had adopted a rule two years prior, determining such boycotts count as losses. At the time, the NCAA allowed schools to roster transgender athletes at their discretion.

Upon learning one of her teammates might be transgender, San Jose State women’s volleyball player Brooke Slusser sued the Mountain West along with other players from conference rivals in November 2024. The group also targeted California State University’s board of trustees, claiming violations of the First and 14th Amendments as well as Title IX.

Title IX prohibits institutions receiving federal funds from discriminating against students on the basis of sex.

Crews heard oral argument shortly before the 2024 championship games, but declined to block the conference’s rule, relying in part on the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found protections against discrimination extended to sexual orientation and gender identity.

But the U.S. Supreme Court heard arguments for a case in January that threatens to rewrite Bostock as Crews read it in 2024. With the SCOTUS decision pending, the judge opted to keep Slusser’s Title IX claim against the CSU board in play.

“This interpretation of Bostock is now called into question and might be upended by the Supreme Court. So the court defers ruling on the Title IX damages claims until after the Supreme Court has issued its ruling in B.P.J. ex rel. Jackson,” the Joe Biden appointee wrote.

In 2024, the Colorado State women’s volleyball team went on to defeat San Jose State 3-1 for the Mountain West title.

While Crews reviewed the case before him, a recent change in the NCAA’s rules around transgender athlete participation rendered much of Slusser’s suit moot. On Feb. 6, 2025, the NCAA reversed course to prohibit athletes assigned male at birth from competing on women’s teams, prompting the Mountain West to follow suit.

“Plaintiffs argue that the CSU defendants remain willing to violate Title IX, but this allegation is purely speculative,” Crews concluded.

Finding the California university defendants largely immune from the suit, the conference not beholden to Title IX and the players’ request moot, Crews declined to mull over the issue of transgender participation in women’s college sports.

Slusser was represented by Indianapolis attorney William Bock, who did not immediately respond to an inquiry for comment. Attorney Wesley Powell of the New York firm Willkie Farr represented California State University, neither of which responded to a request for comment before publication.

Follow @bright_lamp