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Judge in San Jose State Women's Volleyball Case Refuses to Acknowledge Basic Biology

AP Photo/Ted S. Warren

We can allow that the law and the sciences are two quite different fields of study. We can allow that the law and the medical arts, which are not necessarily sciences, are also two quite different fields of study.

But one would think that the law should at least be informed by the sciences, including biology. But all too often that doesn't seem to be the case.

Case in point: On Monday, a judge, who obviously has not studied biology, refused to block a transgender player from competing on the San Jose State women's volleyball team. U.S. Magistrate Judge S. Kato Crews handed down the ruling in Denver.

A judge on Monday rejected a request to block a San Jose State women’s volleyball team member from playing in a conference tournament on grounds that she is transgender.

The ruling by U.S. Magistrate Judge S. Kato Crews in Denver will allow the player, who has played all season, to compete in the Mountain West Conference women’s championship this week in Las Vegas. 

The ruling comes in a lawsuit filed by nine current players against the conference challenging league policies for allowing transgender players to participate. The players argued that letting her compete poses a safety risk and is unfair.

We can only assume that the judge ruled thusly because they lack knowledge of basic biology. After all, every claim made by the players is objectively true. We have seen girls injured by transgender players - men - and girls and women have lost hundreds of medals, titles, and, likely, scholarships to transgender players - men. This judge, when addressing the fairness issue, seems unaware that men and boys are, always have been, and always will be stronger, faster, with more endurance and more resistance to injury than women and girls.

These are facts. And these remain facts no matter how a player "identifies."

San Jose State said, in a statement:

San Jose State will “continue to support its student-athletes and reject discrimination in all forms,” the university said in a statement, confirming all its student-athletes are eligible to participate under NCAA and conference rules. “We are gratified that the Court rejected an eleventh-hour attempt to change those rules. Our team looks forward to competing in the Mountain West volleyball tournament this week.”

If we translate that from woke-speak to English, it reads, "San Jose State will 'continue to support its student-athletes, unless they are women, and reject discrimination in all forms, even where it is warranted and even mandated by biological reality.'"

Discrimination, we should note, is not always a bad thing. In fact, not so very long ago, it was a compliment to note that someone had "discriminating taste." We discriminate in almost every aspect of our daily lives and affairs. The military, in recruiting, discriminates against those who are unfit to serve. The legal profession discriminates against those who have not gone to law school and passed the bar (although there is apparently no biology requirement.) We discriminate in who we will allow to babysit our kids, and we should discriminate against who we allow to play on women's sports teams - as in, they should be women.

This has gone on long enough.


See Related: 16-Year-Old on CA High School Girls' Track Team: 'LGBTQ Is Shoved Down Our Throats!'

VICTORY: Judge Upholds Missouri's Ban on Transgender Treatments for Minors

Team Trump Sheds Light on Reported Plan to Ban Transgenders in the US Military


The players who brought the suit have filed an appeal with the 10th Circuit.

As we repeatedly note, there are some people - relatively few - who genuinely suffer from the disorder of gender dysphoria. This condition has long been understood and generally treated with therapy. But it's hard to see these players, who are insisting to be allowed to play on women's teams, as genuine. Too many of them were mediocre male athletes at best, and it's revealing how many of them immediately start breaking records when they decide they are women. It's hard to see this as anything but taking cynical advantage of a social contagion for personal gain. When even a mediocre male athlete suddenly decides to cosplay as a woman and immediately starts breaking records and taking home trophies - well, that alone speaks to the gross unfairness of this practice.

Sadly, the primary option for the opposing teams in this conference would appear to be to continue to forfeit games against teams with male players and to refuse to participate in a system that is corrupted. The legal cases will continue, and in the meantime, the very real and unfair discrimination against women and girls in sports will also continue.

When the case hits the 10th Circuit, we will update you on what happens next.

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