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The 3rd varsity volleyball team refuses to play against a transgender opponent and loses the game

The University of Wyoming women's volleyball team became the third in the country to lose a game to San Jose State this season.

Wyoming joined Boise State and Southern Utah, none of which gave a specific reason for the loss.

“After a lengthy discussion, the University of Wyoming will not play its scheduled conference game against San Jose State University,” the volleyball program said in a statement Tuesday. “Per Mountain West Conference policy, the conference will record the game as a forfeit and a loss for Wyoming.”

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San Jose State University volleyball team

Blaire Fleming, a transgender athlete, played three seasons at SJSU after previously playing at Coastal Carolina. (San Jose State University)

Blaire Fleming, a transgender woman, competes on the San Jose State team. Fleming is a redshirt junior at San Jose State University who plays outside and right-side hitter and played two seasons at SJSU after previously playing at Coastal Carolina.

San Jose State responded in a statement to OutKick on Tuesday.

“It is disappointing that our SJSU student-athletes, who are in full compliance with NCAA and Mountain West rules and regulations, are being denied participation in competition. “We are committed to supporting our student-athletes through these challenges and to compete in an inclusive, fair, safe and respectful environment,” the statement said.

Brooke Slusser, a member of the San Jose women's volleyball team, joined 18 other athletes Lawsuit against the NCAA about its current gender identity policies. The lawsuit alleged that Slusser, who transferred to San Jose, was concerned for her safety after realizing one of her new teammates was transgender.

According to court documents, Slusser claimed she did not know Fleming was transgender, even though she shared a room on team trips. Slusser also expressed safety concerns about opponents playing against Fleming.

“Brooke estimated that Fleming's spines were moving at speeds in excess of 80 miles per hour, which was faster than she had ever seen a woman hit a volleyball,” Slusser's complaint read. “The girls did everything they could to avoid Fleming's spikes, but still couldn't fully protect themselves.”

Former NCAA swimmer Riley GainesAlso embroiled in a lawsuit against the NCAA over having to compete and share a locker room with transgender biological male opponent Lia Thomas, Boise State praised Boise State in a statement to Fox News Digital as the second program to refuse to play San Jose State to compete on September 27th.

“I commend the Boise State athletic department and everyone involved in the decision to forfeit their game against undefeated San Jose State,” Gaines said in a statement to Fox News Digital.

GOP governor reveals why he ordered schools to bar transgender people from girls' sports

Riley Gaines is sworn in during a House Health Care and Financial Services Subcommittee hearing on Capitol Hill in Washington, DC, December 5, 2023.

Riley Gaines is sworn in during a House Health Care and Financial Services Subcommittee hearing on Capitol Hill in Washington, DC, December 5, 2023. (Drew Angerer/Getty Images)

“Some principles go beyond winning on the field, and the safety and well-being of female athletes is one of them. It is encouraging to see more institutions prioritizing fairness and athlete safety over forced inclusion. I hope more universities follow suit.” Boise State and Southern Utah leader who stands up for what is right and protects the integrity of women’s sports.”

Idaho Gov. Brad Little also praised Boise State for its decision. Little's Idaho State has been one of the most proactive states in the country in addressing transgender inclusion in women's sports.

On Aug. 28, Little signed an executive order enforcing the Defending Women's Sports Act, which enacted new public school protocols in the state to promote the exclusion of transgender people in women's sports.

In an exclusive interview with Fox News Digital on August 30, Little didn't rule out conducting gender readiness testing for all girls and women's sports teams, but added that “I would need to see really good evidence that that's necessary.”

“From a national perspective, there are radical small groups who want to implement changes to the rules we already have in place. “I am confident in what we have, and we will act aggressively as the state of Idaho, both legally and legally, to protect female athletes and the great strides they have made because of Title IX.”

In April, the Biden administration issued a sweeping rule clarifying that Title IX's ban on discrimination based on “sex” in schools also covers discrimination based on gender identity, sexual orientation, and “pregnancy or related medical conditions.”

The rule came into force on August 1st, and was stipulated in law for the first time that gender discrimination also includes conduct that relates to a person's behavior Gender identity. The Biden administration insisted the regulation did not affect athletic fitness. However, several experts Evidence presented told Fox News Digital in June that Biden's claims that this would not result in biological men participating in women's sports were untrue and that the proposal would ultimately bring more biological men into women's sports.

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President Biden and Vice President Kamala Harris walk through the White House together

U.S. President Joe Biden and U.S. Vice President Kamala Harris attend an event on gun violence in the East Room of the White House on September 26, 2024 in Washington, DC (SAUL LOEB/AFP via Getty Images)

But the current administration's efforts have been met with fierce resistance from Republican lawmakers like Little, and now even individual schools and teams are taking a stand.

On August 16th the Supreme Court voted 5-4 to reject an emergency request from the Biden administration to enforce portions of this new rule, which includes anti-discrimination protections for transgender students under Title IX.

Now Wyoming, southern Utah and Boise State have increased that resistance.

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