Judge Ties SJSU Trans Teammate Title IX Suit to Pending Supreme Court Trans Athlete Case

A federal judge in Colorado has dismissed all claims against the Mountain West Conference but allowed Title IX damages claims against San Jose State University and the California State University system to survive—for now—in a lawsuit by former SJSU women’s volleyball co‑captain Brooke Slusser over being required to share rooms and changing spaces with transgender teammate Blaire Fleming. U.S. District Judge Kato Crews ruled on the defendants’ motion to dismiss Tuesday, dropping the conference from the case and deferring any decision on whether the Title IX claims against CSU/SJSU can proceed until after the Supreme Court rules in B.P.J. v. West Virginia, a closely watched case on whether Title IX permits bans on transgender girls in female sports. Crews also denied a motion to strike class allegations, keeping the case framed as a potential class action against the CSU Board. CSU responded that SJSU has complied with Title IX and all applicable law, while Slusser’s attorney says he expects the Supreme Court to hold that Title IX is based on biological sex and is likely to appeal the dismissal of the Mountain West. The move underscores how lower courts are now openly pausing or shaping campus transgender-athlete litigation around an upcoming Supreme Court ruling that could reset Title IX obligations nationwide.