Utah State University has filed a motion to join a federal lawsuit against the Mountain West Conference, challenging the organization’s transgender participation policy.
The move comes after the state’s Republican political leaders — including Gov. Spencer J. Cox, Senate President Stuart Adams and House Speaker Mike Schultz — urged the university to join the lawsuit that was filed last week in U.S. District Court by 11 volleyball players and one coach in the Mountain West.
USU volleyball player Kaylie Ray is one of the 12 plaintiffs in the original lawsuit. According to Utah State’s motion, the Aggie volleyball team took an anonymous survey and 11 players, including Ray, decided to not play an October match against San Jose State “due to concerns of fairness and to communicate that they do not agree with the TPP (transgender participation policy) and hold strong personal and political beliefs that transgender women should not be permitted to compete in women’s sports.”
Utah’s Republican lawmakers agreed with this decision and urged the university to join the federal lawsuit against the conference.
“Female athletes deserve the right to a safe playing field, fair competition and equal opportunities,” Cox and Schultz said in a joint statement. “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.”
On Nov. 15, the university filed an official emergency injunction via the Utah Attorney General’s office.
The motion says that the MWC’s decision to forfeit Utah State’s match in favor of San Jose State, which granted a loss for the Aggies and a win for the Spartans, has caused harm to the USU team.
The lawsuit is seeking to rescind the Mountain West’s latest provisions that impose wins and losses for a canceled game under the TPP policy. It also seeks to take back the wins that SJSU earned from each conference contest that was forfeited and disqualify the San Jose State athlete in question from the sport as a whole.
SJSU has not confirmed whether its team has a transgender athlete.
Mountain West Conference Commissioner Gloria Nevarez told The Associated Press the student-athlete in question “meets the eligibility” criteria.
The NCAA’s current policy for transgender athletes is determined on a sport-by-sport basis by a collegiate governing body. In this case, that is USA Volleyball, and it requires transgender athletes to notify the organization and provide sufficient documentation the athlete has taken the necessary steps to transition to their adopted gender.
That includes lab reports of testosterone levels for athletes over the age of 13.
In opposition to the move made by the university, Utah Democratic leaders released a statement after the motion was filed.
“Transgender athletes have participated in sports for years without facing the intense scrutiny they endure today,” Utah House Democratic leader Angela Romero said. “Targeting them harms their mental health, further isolates an already vulnerable population, and goes against the inclusive values we should all uphold. This is not the Utah way.
“Excluding transgender athletes reinforces harmful stereotypes and subjects all female athletes to invasive scrutiny, particularly those who don’t fit narrow, traditional ideas of femininity. Supporting women’s sports means uplifting all athletes, not excluding individuals based on their identity. We must focus on creating inclusive and supportive sports environments for every student-athlete and keep politics out of the game.”
