A federal appeals court upheld a ruling Tuesday that allows a San Jose State women’s volleyball team member to play in this week’s Mountain West Conference tournament after a legal complaint said she should be ineligible on grounds that she is transgender and thus stronger, posing a safety risk to teammates and opponents.
A two-judge panel of the 10th U.S. Circuit Court of Appeals agreed with U.S. Magistrate S. Kato Crews in Denver. On Monday he rejected the request for an emergency injunction, finding the players and others who challenged the league’s policy of allowing transgender athletes to participate should have filed the complaint earlier.
The tournament starts Wednesday in Las Vegas, but top-seeded Colorado State and second-seeded San Jose State have byes into Friday’s semifinal matches.
They waited too long
Judge Crews and the 10th Circuit noted the request for the emergency injunction was filed in mid-November, less than…
