By james art Amid the ongoing controversy surrounding the upcoming volleyball game between Nevada and San Jose State, we asked GOP vice presidential candidate JD Vance what specific policies he would support to prevent transgender women from playing women’s sports.
Our own Ben Margiot asked the following question during his rally in Reno on Wednesday afternoon: If elected, what specifically would you do to prevent transgender women from playing in women’s sports? Because in Nevada, the University of Reno, Nevada, Reno’s president — a Republican, we might add — says it’s against the Nevada constitution to forfeit a game for reasons related to gender identity.
The controversial Nevada-San Jose State volleyball game scheduled for Saturday, Oct. 26, has been moved from the Bay Area’s Biggest Small City, the university announced in a joint statement Tuesday afternoon.
According to the statement, the decision was made with the approval of the Mountain West Conference and “is intended to prioritize the welfare of student-athletes, coaches, athletic staff and spectators.”
The move follows a national controversy involving the Wolf Pack volleyball team after a majority of its players voted to cancel a game against San José State, whose roster reportedly included a transgender woman. Despite the vote, the University of Nevada, Reno said players who choose not to participate will not face disciplinary action.
UNR President Brian Sandoval stressed in a statement last week that the university could not legally forfeit the game, citing the Nevada Constitution and First Amendment right to free expression.
“I want to further emphasize what was stated on Oct. 13 by the university that any member of the Wolf Pack women’s volleyball team may opt out of the game on the day of competition without consequence,” Sandoval said. “No member of the volleyball team will be subject to any disciplinary action for their decision not to participate in the match.”
Sandoval further explained that the decision not to take away was based on statutory prohibitions against taking away for reasons related to gender identity or expression, as set forth in Section 24 of the Nevada Constitution and other laws.
Members of Nevada’s volleyball team are considering a lawsuit against the University of Nevada, their attorney, Joey Gilbert, told News 4-Fox 11 last week.
Gilbert told News 4 he represents several Wolf Pack players and is working with the legal team of former Kentucky swimmer Riley Gaines, who is one of the nation’s biggest critics of trans women competing in women’s sports. Gilbert attended the Wolf Pack’s home game against Utah State on Tuesday along with GOP Senate candidate Sam Brown (right) and hugged a number of Nevada players during and after the game. Former Hawaii Rep. Tulsi Gabbard and Oklahoma Sen. Markwayne Mullin (right) were also in attendance.
“As legal counsel for several individual players on the University of Nevada, Reno women’s volleyball team, we are carefully considering all legal options to protect their rights and safety,” Gilbert wrote to News 4-Fox 11. “These athletes have expressed legitimate concerns about the honesty and physical risks of competing against a transgender San Jose State University player. Beyond this particular situation, we believe that the policies of the NCAA, the Mountain West Conference, and San Jose State University may violate Title IX by allowing conditions that disadvantage female athletes and jeopardize their safety. We are currently evaluating potential legal action against these organizations and may seek an injunction to ensure that the rights of these athletes are protected in future competitions, including the Mountain West Conference Championships.”
A UNR spokesperson told our sister station Nevada Sports Net that the university has not received a lawsuit from Gilbert, writing in an email: “We are not aware of any complaint filed against the university by Mr. Gilbert.” A UNR alumnus and a former Wolf Pack title-winning boxer, Gilbert has a history of championing right-wing causes and was hired in July 2023 by the Douglas County School Board over what he believed to be a ban on transgender athletes.
Nevada will be the fifth school to cancel a game against San Jose State, whose reported transgender player has been a member of the Spartans’ team for three seasons without any previous cancellations, even though teams in the Mountain West are aware of her status. Nevada has played San Jose State three times in the previous two years, including one game in which the player in question took the court.
Each of the first four schools to cancel games against San Jose State offered vague statements about the decision without mentioning the reason for the cancellation. Nevada’s players were more specific, sending a statement to OutKick, a conservative website owned by Fox Corporation, on Monday that said the team’s decision not to play the game was a refusal to “participate in any game that promotes injustice against female athletes”.
“We have decided that we will stand in solidarity with other teams that have already opted out and that we will not participate in a game that promotes gender discrimination or injustice against female athletes,” Nevada captain Sia Lilii told OutKick.
If Nevada does not play the match, it will forfeit the game under MW rules, as San Jose State’s roster complies with NCAA, MW and USA Volleyball rules. The Wolves are 11-9 overall and 4-4 in the MW, tied for sixth in the conference. With the top six teams in the 11-school MW advancing to the conference tournament, a Nevada loss could affect the Wolf Pack’s ability to make that tournament. Nevada plays San Jose State just once this season, while most schools will play the Spartans twice in the league’s unbalanced schedule.
San Jose State is 11-3 overall and 6-3 in the MW, good for third place. After starting the season 9-0, the team lost three straight MW games by a combined score of 9-1 before defeating New Mexico 3-1 on Thursday. The Spartans are 2-3 in actual conference games with three losses.
In a statement last week, Nevada Gov. Lombardo (R) said he wholeheartedly respects and supports the Wolf Pack players’ decision to forfeit the game. Lombardo, who was one of nine Republican governors to ask the NCAA to ban transgender athletes from competing in women’s sports last November, wrote: “As I have said before, I believe there are competitive and safety concerns about this and it is irresponsible for the NCAA to put student-athletes in the position of balancing their personal safety against the schools, competitions and sports they love The student-athletes at the University of Nevada, Reno have decided they do not want to play San Jose State, and I wholeheartedly I respect the players’ decision.”
Nevada volleyball is off the road against Fresno State on Thursday before the controversial matchup.
Chris Murray of our sister station Nevada Sports Net contributed to this report.