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Nearly a dozen NCAA athletes and one coach are suing the Mountain West Conference over alleged First Amendment violations that stem from a male athlete playing against women.

Officials at San Jose State University are also named in the lawsuit that alleges the female athletes were subject to a new “Transgender Participation Policy” that sought to “suppress the free speech rights of women athletes.”

The lawsuit, backed by the Independent Council on Women’s Sports, claims the defendants manipulated conference rules, “diminished sport opportunities for women,” and used their position to punish dozens of female college athletes for taking a stand against having to compete against men in their sport.

That athlete is SJSU’s transgender player, Blaire Fleming. Born Brayden, Fleming is a 6’1” male whose inclusion on the team has sparked five separate forfeits from opposing teams

According to the provided Transgender Participation Policy, the decision whether to allow a “transgender athlete” to participate in intercollegiate athletics is at the discretion of each school, determined by its own “interaction with the individual [and] the application of state law.”

Shockingly, the policy states that the NCAA will “not entertain inquiries or challenges regarding the eligibility of transgender student-athletes.” Schools are also not required to provide information to their opponents about whether or not there is a transgender athlete on their team.

“It shall be the discretion of the certifying institution whether or not to provide pertinent information,” the policy states.

Plaintiffs in the lawsuit include three women from the University of Wyoming, two from Boise State, and two from University of Nevada Reno.

Nevada’s Sia Liilii previously spoke to Blaze News, simply stating that she and her teammates got together and decided what was happening “isn’t right.”

Brooke Slusser (left) lines up alongside transgender athlete Blaire Fleming (right).Photo by Andrew Wevers/Getty Images

‘I will do everything to protect this opportunity for other girls and women.’

Two of Fleming’s own teammates from SJSU have joined the lawsuit, along with the Associate Head Coach of Women’s Volleyball Melissa Batie-Smoose.

The coach was recently suspended after speaking out on the issue and even alleged that Fleming had conspired against his own teammate (Brooke Slusser, also named in the lawsuit) with an opponent to try to injure her.

Utah State captain Kaylie Ray, another plaintiff, called for more support from the Mountain West Conference and NCAA.

“We need leaders in the Mountain West and NCAA to step up. Being a woman in sports has shaped my life, and I will do everything to protect this opportunity for other girls and women.”

San Jose State University and its staff have not returned requests for comments on the situation, nor have they been willing to address any claims made by the student-athletes or coach.

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