Yesterday was National Girls and Women in Sports Day. Yet in New Mexico, fair competition and equality in women’s sports are under threat. All three New Mexico U.S. Representatives voted No on the Protection of Women and Girls in Sports Act: Rep. Teresa Leger Fernandez (D-District 3), Melanie Stansbury (D-District 1), and Gabriel (Gabe) Vasquez (D-District 2). Note that two of the three are women; imagine that!
The University of New Mexico (UNM) is an example of how institutions in New Mexico do not stand for women and girls. The UNM women’s volleyball chose to play San Jose State University (SJSU) on October 17, 2024, and again on November 2. In April 2024, an online news report confirmed that a male-born player, Blaire Fleming, had been competing on SJSU’s women’s volleyball team. Despite this public revelation, SJSU re-rostered Fleming as a redshirt senior for the 2024-25 season in the position of outside hitter. Some schools in the Mountain West chose to opt out of playing matches against SJSU; why didn’t UNM?
As a retired athletic director and as the State Director of Concerned Women for America of New Mexico, I have an interest in ensuring our citizens are aware of activities compromising female athletics. Knowledge of this player raises serious concerns for the safety of our women athletes competing against a male with superior vertical jump and power capacity on a net seven inches lower than the men’s volleyball net. Fleming’s advantage was seen in match play this season. The danger of Fleming was seen in the game between SJSU and UNM on October 17. UNM’s #23 was hit in the face and knocked to the floor by a spike from Fleming. Fortunately, she was able to get up from the hit, but why would UNM opt to play this team at the risk of the safety of their players?
It is imperative that the UNM upholds the rights of female athletes to sex-separated participation in women’s sports and fair and safe athletic competition. Allowing male-born athletes into women’s sports diminishes women and all for which they have worked. Male athletes identifying as women are receiving women’s scholarships, using women’s locker rooms, exposing women to significant injuries, replacing women’s records, and winning national championships in women’s sports.
This issue raises questions of transparency and responsibility. What is the policy of UNM concerning sex-based participation in women’s sports? Did the NCAA notify the university that a trans-identifying male player was competing in Division I women’s volleyball? How are our female athletes prepared to compete against a male player on an opposing team and the heightened risk for injury? Why didn’t UNM consider opting out of such matches?
In a letter to U.S. Senators dated August 21, 2024, NCAA President Charlie Baker indicated that NCAA member institutions have a right to opt out of participation in a policy that forces female athletes to compete on an unfair and unsafe playing field:
“The NCAA’s transgender student-athlete participation policy is not mandatory, and federal, state, and local laws supersede the Association’s policy. Schools may also choose to operate in a different way due to institutional values.”
Title IX was enacted in 1972 to ensure equality of opportunity and benefits for student-athletes on the basis of sex. Federal law allows separation by sex to respect and protect the enduring differences between the sexes, which includes matters of safety, privacy, and fairness.
Several teams that were scheduled to play SJSU, including the University of Southern Utah, Boise State University, the University of Wyoming, and Utah State University, made the right decision to forgo or forfeit their matches against SJSU. In doing so, these universities courageously upheld the dignity and safety of their female athletes and their obligations under Title IX. It is time for UNM to do the same!
Although the U.S. House of Representatives passed the Protection of Women and Girls in Sports Act (H.R. 28) there is still much more to do. The U.S. Senate is poised to pick up the act for a floor vote soon. Reach out to our New Mexico Senators and urge them to support women and girls. Let your U.S. Representatives know that it is also time for our New Mexico Representatives to support the women and girls in our state!
Stayed tuned; HB185 – Protection of women’s Sports Act has been formulated in our state legislature. The bill is waiting a calendar date to be heard in the House, Commerce, and Economic Development Committee.
Nickie McCarty is a former educator and athletic director and New Mexico State Director of Concerned Women for America
