Who/what would have thought something so simple would take so long?
The athletic eligibility of San Jose State’s volleyball team and trans athlete Blaire Fleming came under legal review on Thursday during an emergency hearing in Colorado. But it couldn’t get started before a lengthy discussion on whether to use she/her pronouns when referring to Fleming.
Federal Judge Kato Crews, who was appointed by President Biden in January, dedicated the first 45 minutes of the hearing to a debate between the plaintiffs and defendants over what pronouns to use when describing Fleming and whether Fleming’s name should be used during the hearing for the sake of privacy.
Nearly an hour into the hearing, Crews declared that he would choose to use she/her pronouns, but that any other individual in the courtroom could use whatever pronouns they wanted to use. Crews also clarified that his decision to the she/her pronouns when referring to Fleming did not reflect his decision on what Fleming’s biological gender is.
Crews also ruled that it was okay to use Fleming’s name during the hearing.
“While the court is not insensitive to the privacy issues … the defendants have essentially affirmed there is a transgender player on the SJSU volleyball team,” Crews said.
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Blaire Fleming of the San Jose State Spartans reacts during the second set against the Air Force Falcons at Falcon Court at East Gym on October 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
The verbal implementation of official pronouns when referring to individuals to avoid “misgendering” them has, in fact, been tied to legal repercussions in the U.S. in recent years.
The U.S. Department of Health and Human Services (HHS) rolled out a new gender pronoun policy in November 2023.
“All applicants and employees should be addressed by the names and pronouns they use to describe themselves. Using correct names and pronouns helps foster workplaces free of discrimination and harassment,” the U.S. Office of Personnel Management guidance states.
“This practice also creates an inclusive work environment where all applicants and employees are treated with dignity. The isolated and inadvertent use of an incorrect name or pronoun will generally not constitute unlawful harassment, but, as the Equal Employment Opportunity Commission (EEOC) has explained, continued intentional use of an incorrect name or pronoun (or both) could, in certain circumstances, contribute to an unlawful hostile work environment.”
Heritage Foundation expert and former HHS official Roger Severino previously told Fox News Digital that the laws violate employee rights and will result in firings for “misgendering.”
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Official and proper pronoun usage has been at the center of mockery and satire by right-wing figures in politics and media, including President-elect Trump, in recent years.
After liberal social media influencer and Rep. Alexandria Ocasio-Cortez, D-N.Y. was discovered to have removed pronouns from her X bio after Trump’s election win, the congresswoman became the subject of a viral mockery campaign by conservative and satirical users.
Former NCAA swimmer and OutKick contributor Riley Gaines didn’t let Ocasio-Cortez off the hook in a tirade of insults on X on November 14.
“How will we know what to call AOC now that her pronouns in her bio are gone?!” Gaines wrote.
And thus, a hearing on the situation with Fleming and San Jose State, which has recently become a landmark event in the civil rights discussion around women’s sports, fittingly included a pronoun debate for the ages.
The hearing came in response to a recent lawsuit filed against the Mountain West Conference for its policies on gender eligibility and identity. The plaintiffs, including multiple Mountain West volleyball players and Utah State University, contested the conference’s policies that have let San Jose State player Blaire Fleming compete, despite being a biological male.
San Jose State finished the regular season with a 14-5 record and a 12-5 conference record. Seven of its wins and six of its conference wins came via forfeit by opposing teams amid the controversy. Those include forfeits from conference opponents Boise State, Utah State, Wyoming and Nevada. Wyoming and Boise State have each forfeited two matches against the Spartans.
The plaintiffs on Thursday were seeking to have the losses that those teams took for the forfeit be erased from their record and not counted against them in qualifying for the Mountain West Tournament. The plaintiffs were also seeking to prevent SJSU from rostering Fleming in any future games, including the upcoming tournament.
Fleming has been one of the top players in the conference and an offensive anchor for San Jose State this season, even amid the controversy. Fleming is third in the conference in average kills per serve with 3.86 and amassed 297 total kills on the year despite playing seven fewer games than expected due to the forfeits. It’s helped give San Jose State the third best hitting percentage in the Mountain West.
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Blaire Fleming of the San Jose State Spartans attempts to block a shot during the first set against the Air Force Falcons at Falcon Court at East Gym on October 19, 2024, in Colorado Springs, Colorado. (Andrew Wevers/Getty Images)
A Mountain West spokesperson told Fox News Digital on Wednesday that the conference is currently planning for San Jose State and Fleming to compete in the tournament in Las Vegas, starting November 27. That spokesperson also says the conference has a contingency plan in the event teams refuse to face San Jose State over Fleming’s presence on the team.
That plan includes a willingness to recognize San Jose State as the conference champion if the Spartans advance to the final and win the match by virtue of forfeit from opponents.
“If we get to a championship game, and it’s San Jose State vs. whoever, if that institution forfeits the game, then San Jose State wins that match, and then they are tournament champions. And they would be the automatic qualifier out of the Mountain West,” the spokesperson said.
However, Crews’ eventual ruling could disrupt that plan and keep Fleming out of the tournament altogether. Crews concluded the hearing by saying he will deliver a ruling on the case in a “timely fashion.” The tournament is set to begin next Wednesday.
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