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A law firm leading the ongoing Supreme Court case regarding trans athletes in women’s sports has responded after a federal judge suggested the case’s decision could impact a separate case involving a similar issue.
Colorado District Judge Kato Crews has postponed ruling on 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 BPJ v. California. West Virginia Supreme Court case, which is expected to take place in June.
Slusser filed a lawsuit against representatives of her school and the Mountain West Conference in the fall of 2024 after she was allegedly forced to share rooms and locker rooms with trans teammate Blaire Fleming for an entire season without being informed that Fleming is a biological male.
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Meanwhile, the BPJ case went to the Supreme Court after a trans teen sued West Virginia to block the state law that prevents men from competing in girls’ high school sports.
The Alliance Defending Freedom (ADF) is the lead law firm defending West Virginia in this Supreme Court case, and has now responded to news that Slusser’s trial may be affected by the SCOTUS decision.
“We hope the Supreme Court’s decision will affirm that Title IX was designed to ensure equal opportunity for women, not to allow male athletes to supplant women and girls in competition. It is crucial that sports be segregated by gender not only for women’s equal opportunity but also for safety and privacy. Title IX should protect the right of women to compete in their own sports. Allowing men to compete in the women’s category overrides 50 years of advancement for women,” said Jonathan Scruggs, ADF vice president of litigation strategies.
Slusser’s lawyer, Bill Bock of Independent advice on women’s sports, expects the Supreme Court to rule in favor of the legal defense representing West Virginia, which would make its case easier.
(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 October 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 look forward to the case moving forward,” Bock told PK Press Club Digital.
“I believe the court is going to find that Title IX operates on the basis of biological sex, without regard to presumed or stated sex, and so, just as Congress and the members of Congress who passed Title IX in 1972 allowed the regulations to specifically provide that there were to be separate teams of men and women based on biological sex, I think the court is going to see that that is the original meaning of the law and apply it that way, and I think that is It’s going to be a big victory in women’s sport.”
THE Conservative majority of the Supreme Court appeared ready to rule in favor of West Virginia after oral arguments on January 13.
Slusser spoke on the steps of the Supreme Court on Jan. 13 as oral arguments were taking place inside, sharing his experience with a divided crowd of opposing protesters.
With Fleming on its roster, SJSU reached the 2024 conference finals thanks to a package of Boise State in the semi-final. SJSU lost in the final to Colorado State.
Slusser developed an eating disorder due to the anxiety and trauma of 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. His decision to drop his classes led to the loss of his scholarship, and his parents said they had to foot the bill for an unfinished final semester of college out of their own pockets.
President that of Donald Trump The Department of Education determined in January that SJSU had violated Title IX in its handling of the situation involving Fleming and issued an ultimatum to the university to accept a series of resolutions or be referred 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 punch her face during a game. ED claims that “SJSU failed to investigate the conspiracy, but subsequently subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews.”
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Trans SJSU player Blaire Fleming and teammate Brooke Slusser went to a magic show and celebrated Thanksgiving together in Las Vegas despite a pending lawsuit over Fleming’s transgender status. (Thien-An Truong/San Jose State Athletics)
SJSU athletic director Jeff Konya told PK Press Club Digital in a July interview that he was pleased with how the university handled the situation involving Fleming.
“I think everyone acted in the best way possible, given the circumstances,” Konya said.
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