Who would have thought that something so simple would take so long?
The athletic eligibility of San Jose State volleyball team and trans athlete Blair Fleming came under legal review Thursday during an emergency hearing in Colorado. But this did not begin before a long debate over whether to use Fleming’s pronouns when referring to him.
Federal Judge Kato Crews, who was appointed by President Biden in January, devoted the first 45 minutes of the hearing to arguments between the plaintiffs and the defendants over which pronouns to use when describing Fleming and whether Fleming The name must be used during the hearing. For the sake of privacy
About an hour into the hearing, the staff announced that he would choose to use his own pronouns, but that anyone else in the courtroom could use whatever pronoun they wished to use. The staff also made it clear that his judgment of pronouns when referring to Fleming did not reflect his judgment of what Fleming’s biological sex was.
Staff also ruled that it was OK to use Fleming’s name during the hearing.
“While the court is not insensitive to privacy issues … the defendants have essentially confirmed that there is a transgender player on the SJSU volleyball team,” Crews said.
The conscience police have arrived and are coming for you
San Jose State Spartans’ Blair Fleming reacts during the second set against the Air Force Falcons on Falcon Court at East Gym on October 19, 2024 in Colorado Springs, Colorado. (Andrew Weavers/Getty Images)
The verbalization of official pronouns when referring to individuals to avoid “misgendering” them has, in fact, been linked to legal ramifications in the United States in recent years.
The US Department of Health and Human Services (HHS) introduced a new gender awareness 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 promote workplaces free of discrimination and harassment. is,” US Office of Personnel Management Guidance states.
“This process also creates an inclusive work environment where all applicants and employees are treated with dignity. The isolated and inadvertent use of a misnomer or pronoun will not generally constitute unlawful harassment, but As the Equal Employment Opportunity Commission (EEOC) has explained, the continued intentional use of a false name or pronoun (or both) may, in certain circumstances, contribute to an unlawful hostile work environment.”
Roger Severino, a Heritage Foundation expert and former HHS official, previously told Fox News Digital that the rules violate employees’ rights and will result in terminations for “misgendering.”
SJSU women’s volleyball’s first opponent didn’t know about the trans player, suggesting the matchup wouldn’t happen
In recent years, the use of official and proper pronouns by right-wing figures in politics and the media, including President-elect Trump, has been the focus of ridicule and derision.
After liberal social media influencer and representative. ALEXANDRIA OCASIO CORTEZDN.Y. After Trump was found to have removed pronouns from her X bio after her election victory, the congresswoman became the subject of a viral satirical campaign by conservatives and satirists.
Former NCAA swimmer And Outkick contributor Riley Gaines didn’t let Ocasio-Cortez off the hook during the insult on X on Nov. 14.
“How are we supposed to know what the AOC has to say now that his bio has run out of pronouns?!” Gaines wrote.
And so, a hearing on the situation with Fleming and San Jose State, which has recently become a landmark event in the civil rights debate over women’s sports, is appropriately a conscience debate for the ages. was included.
The hearing was in response to a recent lawsuit filed against the Mountain West Conference over its policies on gender eligibility and identity. The plaintiffs, including several Mountain West volleyball players and Utah State University, challenged the conference’s policies that allowed San Jose State player Blair Fleming to compete despite being biologically 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 against opposing teams amid controversy. Those include forfeits from conference opponents Boise State, Utah State, Wyoming and Nevada. Wyoming and Boise State have lost two games each against the Spartans.
Plaintiffs on Thursday were seeking to have the losses those teams incurred for losing be expunged from their records and not count against them in qualifying for the Mountain West Tournament. The plaintiffs were seeking to prevent SJSU from including Fleming in any future games, including the upcoming tournament.
Fleming has been one of the top players in the conference and has been an offensive anchor for San Jose State this season, even with the controversy. Fleming is third in the conference in kills average with 3.86 and has 297 total kills on the year, despite playing seven fewer games than expected due to the loss. He has helped San Jose State rank third-best in the Mountain West.
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San Jose State Spartans’ Blair Fleming tries to block a shot during the first set against the Air Force Falcons on Falcon Court at East Gym on October 19, 2024 in Colorado Springs, Colorado. (Andrew Weavers/Getty Images)
A Mountain West spokesman told Fox News Digital on Wednesday that the conference is currently planning a matchup between San Jose State and Fleming in the tournament starting Nov. 27 in Las Vegas. Facing San Jose State over Fleming’s presence on the team.
The plan includes the desire to recognize San Jose State as the conference champion if the Spartans advance to the finals and win games due to losing opponents.
“If we get to a championship game, and it’s San Jose State vs. whoever, if that team loses that game, San Jose State wins that game, and then they’re the tournament champions. .and they will be automatic qualifiers Mountain West,” the spokesman said.
However, Crews’ final decision could disrupt that plan and keep Fleming out of the tournament entirely. Staff concluded the hearing by saying they would rule on the case “in a timely manner”. The tournament is scheduled to start from next Wednesday.
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