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,

San Jose State University has not confirmed whether its women's volleyball team includes a transgender player, citing privacy laws. It has not, however, disputed that there is a transgender person on its team, according to Judge Crews' ruling.

The decision amid a national transgender controversy involving Blaire Fleming, a redshirt senior who joined the Spartans in 2022.