Gov. Cox, legislative leaders ask USU to intervene in athlete’s lawsuit over volleyball player

SALT LAKE CITY — Top Utah leaders have asked Utah State University to intervene on behalf of a women’s volleyball player who is suing the Mountain West Conference to prevent a San Jose State University player from participating in the conference tournament later this month.

Eleven college volleyball players — USU’s Kaylie Ray included — filed the lawsuit in U.S. District Court in Colorado last week, asking that a San Jose State player be declared ineligible for the Mountain West Conference tournament, which begins Nov. 27 in Las Vegas. The lawsuit alleges that the student-athlete is transgender and was born a male.

Utah Gov. Spencer Cox, state House Speaker Mike Schultz and Senate President Stuart Adams — all Republicans — weighed in on the issue Monday in a joint statement asking USU to get involved in the litigation that they say will protect fairness in women’s sports.

“Female athletes deserve the right to a safe playing field, fair competition and equal opportunities,” the three said. “By intervening, Utah will send a clear message that these rights are non-negotiable. The NCAA, Mountain West Conference and other institutions across the nation have failed to take action, thereby undermining vital protections and putting female athletes at risk. We will continue to defend our female athletes and the integrity of our athletic programs.”

.@GovCox, @JStuartAdams, and I have asked Utah State University to move to intervene in the case against the Mountain West Conference. If granted, Utah State University would join 11 women volleyball players from five universities and a coach in requesting the court to enjoin the… pic.twitter.com/bz3phjPZW2

— Mike Schultz (@mschultz_12) November 18, 2024

The lawsuit against the Mountain West Conference comes after several schools have forfeited matches against San Jose State’s women’s volleyball team, including USU and Southern Utah University.

Mountain West Conference Commissioner Gloria Nevarez told the Associated Press last month that the student-athlete “meets the eligibility standard, so if a team does not play them, it’s a forfeit, meaning they take a loss.”

The lawsuit alleges that Blair Fleming was born a male, stating: “Although SJSU refuses to publicly acknowledge that Blair Fleming’s sex is male and that Fleming is a transgender student-athlete competing in women’s volleyball, there is no reasonable doubt that Fleming’s sex is male.”

Ray also said she has faced pushback for speaking out on the issue and said she was scolded for posting a photo of herself with teammates wearing a T-shirt that said “BOYcott.”

The plaintiffs allege that Mountain West Conference policies violate Title IX of the Education Amendments of 1972, which are meant to provide equal opportunities for women in higher education.

The conference issued a statement to KSL on Friday, saying: “The Mountain West Conference prioritizes the best interests of our student-athletes and takes great care to adhere to NCAA and (Mountain West) policies. While we are unable to comment on the pending litigation of this particular situation, we take seriously all concerns of student-athlete welfare and fairness.”

USU volleyball player says she was scolded for speaking out about transgender issues

USU said it “supports the rights of all students to speak out on important issues regardless of their viewpoint. Ms. Ray has been steadfast in her advocacy for women in sports, and USU supports her right to advocate for her position through litigation.”

The university did not immediately respond to a request for comment Monday.

Transgender participation in sports has increasingly been a flashpoint in politics in recent years. Utah’s Legislature in 2022 approved a ban on transgender athletes participating in girls high school sports. A judge issued a preliminary injunction to halt the enforcement of the law while a legal challenge continues to make its way through the courts.