A federal judge in Colorado on Monday denied an emergency injunction request filed by a group of Mountain West volleyball players and a coach seeking to declare a San Jose State player who they allege is transgender ineligible for this week’s Mountain West tournament in Las Vegas.
The plaintiffs, which include San Jose State player Brooke Slusser and suspended assistant coach Melissa Batie-Smoose, sued the Mountain West and its commissioner, Gloria Nevarez, on Nov. 13, alleging that the school and conference violated the U.S. Constitution and Title IX by allowing a transgender athlete to play for a women’s sports team.
Judge Kato Crews denied the request, writing that the plaintiffs failed to demonstrate irreparable harm, in part by waiting until two weeks before the Nov. 27-30 tournament to seek the injunction. He noted that Mountain West’s policy on transgender athletes has been in place since 2022 and that San Jose State opponents began forfeiting over the issue two months ago.
“The Court finds their delay in filing this action and seeking emergency relief related to the MWC Tournament weakens their arguments regarding irreparable harm,” Crews wrote.
Crews also wrote that the plaintiffs failed to show a likelihood of success on the merits of their claim that a…
