BOISE, Idaho — Two Boise State women's volleyball players have joined a lawsuit against the Mountain West Conference. This follows Boise State's forfeit to San Jose State University amid revelations that one of San Jose's players is transgender.
- Two Boise State women's volleyball players have added their names to eligibility lawsuit.
- The lawsuit surrounds a player from the San Jose State volleyball team.
- Mountain West Conference Commissioner states her position on the lawsuit.
(The following is a transcription of the full broadcast story.)
Two Boise State women's volleyball players have joined a lawsuit against the Mountain West Conference and its commissioner and others, seeking damages and proper relief in advance of the Mountain West volleyball tournament in Las Vegas at the end of the month.
Katelynn and Kiersten Van Kirk have added their names in a federal lawsuit over the eligibility of a San Jose State University volleyball player by the name of Blaire Fleming. In section C of the lawsuit it states that although San Jose State refuses to publicly acknowledge that Blaire Fleming is male and that Fleming is a transgender student-athlete competing in women's volleyball, there is no reasonable doubt that Fleming sex is male.
Also, in section C of the lawsuit it states that Mountain West Commissioner Gloria Nevarez has publicly confirmed that Fleming is biologically male and identifies as transgender. Neveraz stated in October of this year quote, "the student athlete in question meets the transgender student-athlete eligibility standard so if a team does not play them, it's a forfeit meaning they take a loss."
Boise State has forfeited their two games against San Jose State, a decision Governor Brad Little applauded at the time, saying on his X page, "The Boise State Woman's Volleyball team has again courageously stood up for fairness in women's sports and the safety of our female athletes. I commend them and remain committed to leading Idaho in the fight to defend women's sports".
The Mountain West Conference has adopted the NCAA transgender eligibility policies. In 2022 the NCAA updated their transgender student-athlete participation policy which it says preserves opportunity for transgender student-athletes while balancing fairness inclusion and safety for all who compete.
A representative of the Boise State Athletic Department told us they had no comment. We reached out to Blaire Fleming and Katelynn and Kiersten Van Kirk on their Instagram accounts and have not heard back.
The Boise State Volleyball team does play tomorrow night against Air Force in Colorado Springs.
