A complaint lodged on August 8 involves a biological male athlete who is suing a university alongside two student athletic groups after they allegedly rescinded a women’s volleyball scholarship.
The Mexican-American Legal Defense and Education Fund (MALDEF) is backing 33-year-old Emma Morquecho in this lawsuit, which challenges the California Pacific Conference (CAL PAC) and the National Association of Intercollegiate Athletes (NAIA). A statement from MALDEF reveals this concern.
According to documents, Morquecho’s eligibility was called into question following the adoption of a new policy by Westcliff University, CAL PAC, and NAIA, which affected her scholarship opportunity to play women’s volleyball, simply because she identifies as a transgender woman.
Initially, Westcliff offered her a scholarship for the 2023-2024 academic year after she disclosed her transgender status to the volleyball coaches. However, after relocating to California and covering her own expenses, the university later informed her that a decision regarding her qualification was still pending with Calpac.
In August 2023, the coach of the women’s volleyball team explained to Morquecho that, unfortunately, she wouldn’t be eligible to compete that fall and that her scholarship would not be reinstated, according to the statement.
The lawyer representing Morquecho noted that she was experiencing “emotional pain and anxiety” due to this ruling, and that, as a result, she struggled to pay her master’s program tuition. The lawsuit claims that this decision violates Title IX of the Education Amendment to the 1972 Federal Civil Rights Act, which prohibits sex-based discrimination in educational institutions receiving federal funding.
The lawsuit further states that the actions of the defendants contravene California’s civil rights law prohibiting gender discrimination, as well as violations of California’s government code by Westcliff University.
Morquecho expressed her motivation in a statement, saying, “By standing up, I’m not just fighting for myself. I’m speaking for all the trans people who are silent. I hope my voice empowers others in our community to know their stories and their rights.” She envisions a future where everyone receives dignity and respect.
This lawsuit comes on the heels of actions from former President Donald Trump’s administration in February, which sought to restrict male participation in women’s sports, arguing it undermines fair opportunities for women and girls in athletics.
Additionally, the case has drawn attention due to controversies surrounding athletes like Ab Hernandez, a biological male competitor involved in California’s women’s track and field, raising questions about inclusion and fairness in sports.