Boise State, Others Sue Over Transgender Policy in Federal Court

A federal court case involves Boise State players challenging the Mountain West's transgender policy in sports.
Transgender athlete dispute goes to federal court; BSU volleyball players sign on as plaintiffs • Daily Montanan

This story was originally posted on IdahoEdNews.org on Nov. 14, 2024.

A group of 12 plaintiffs, including two volleyball players from Boise State University, has taken a transgender athletics dispute to federal court. The lawsuit targets San José State University, accused of having a transgender athlete on its women’s volleyball team. It also challenges the Mountain West Conference’s transgender athletics policy, which was allegedly adopted quickly and quietly. Boise State was the first of four schools to forfeit a match against San José State.

Filed on Wednesday, the lawsuit alleges the Mountain West Conference introduced a transgender participation policy on Sept. 27. This policy declares any team refusing to play against a team with a transgender athlete will forfeit the match. The lawsuit claims the policy aims to penalize Boise State players for protesting. The policy’s timing is contested, with some reports suggesting it has been in place since August 2022.

Independent Council on Women’s Sports supports lawsuit

The 132-page lawsuit offers more details on Boise State’s decision to forfeit. Behind the scenes, Boise State players and administrators reportedly advocated against playing San José State due to fairness and safety concerns. Boise State framed the forfeit as a “university leadership” decision, without clarifying player involvement. The plaintiffs include 11 players and a coach, with representatives from other schools that forfeited matches. Boise State deferred comments to the Mountain West Conference, which has yet to respond.

The lawsuit is backed by the Independent Council on Women’s Sports, or ICONS, a Nevada-based group against transgender athletes in women’s sports. ICONS argues that transgender athletes possess an unfair advantage. “The disregard for the fairness and safety of female athletes by the MWC and SJSU is unacceptable,” said ICONS co-founder Marshi Smith.

As previously reported, ICONS and other national groups lobbied Boise State to forfeit the Sept. 27 match, contacting university President Marlene Tromp directly. Boise State denies external lobbying influenced its decision. To date, Mountain West schools have forfeited six matches against San José State, affecting the conference standings before the upcoming tournament. The lawsuit demands the court void San José State’s wins or reverse the forfeits and seeks a declaration barring male athletes from women’s volleyball in the Mountain West Conference.


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