ATLANTA, Georgia — Two years ago, I wrote about the hypothetical case of Jia, a transgender college basketball star, who dominated her chosen sport as a man before she chose to identify as a woman.

I was presenting an exaggeration of transgender swimmer Lia Thomas’s story while swimming for the University of Pennsylvania. Lia did not dominate men’s swimming, though she was above average. She later became the first openly transgender athlete to win an NCAA Division I national championship in any sport when she won the women’s 500-yard freestyle.

However, it would be a stretch to call her dominant in women’s swimming when she failed to win any of the other events that she participated in during the 2022 NCAA championships. Kate Douglass on the other hand, was dominant, winning seven titles at the very same swim meet. Kate Douglass was born a woman.

Though I support anyone’s right to self-identify, I acknowledged that it was not an inhuman response to question the fairness of Lia competing. It was the opposite. It was human.

Anyone would do the same when presented with the fact that Lia was an above average men’s swimmer before her transition. Knowing nothing else, one would reasonably expect her to excel as a women’s swimmer. Imagine if your daughter failed to make the podium, you would certainly have some questions if you learned that a former Division I men’s swimmer won the race.

Fairness is an important part of sports. It’s part of why so many of us enjoy sports. Life isn’t fair. Sports at least tries to be.

I framed the argument about transgender participation in competitive sports as a question of fairness. I did so because, in my view, I believe one can fairly wonder about whether it was fair to allow Lia Thomas to participate, given her relatively recent prior athletic performance as a man and what some research concluded about the limits of what hormone therapy can do. Said another way, the fairness question is appropriate given the specific context.

Now, slightly over two and a half years later, there is another transgender athlete that seems to be in the crosshairs of those who oppose transgender athlete participation. Opponents are sounding the alarm about Blaire Fleming, a senior on the women’s volleyball team at San Jose State University. Blaire was highlighted in September 2024 by the Fox News-affiliated website OutKick after the SJSU team went 6-0. This was the best start in program history.

Since that time, SJSU has lost three games. Their record is now 11-3. However, three of their wins were not because of their play, but instead their opponents’ refusal to play. Three teams, Boise State, Wyoming, and Utah State canceled their games against SJSU. Though none of the teams explicitly stated why they forfeited their games, the Republican governors of Idaho, Wyoming and Utah all publicly supported the cancellations, citing a need for fairness in women’s sports.

Again, I too am concerned about fairness. We all should be. But I say again, context matters when we’re raising this issue. At least it should, if we are all approaching the discussion in good faith. The value of context should be undisputed, given the fact that no one becomes concerned about fairness in men’s sports when a transgender athlete who was born a woman competes in them.

Let’s talk about the context around Blaire. To date, Blaire has made no public comment. She has not even come out as a transgender athlete. Therefore, what we know about her is only what can be found independently.

Let’s start with Blaire’s background. Her biography on the SJSU website indicates that — unlike Lia Thomas — there is no recent prior athletic performance as a man, as she has identified as a woman for many years. Before college, she played club volleyball for the Virginia Juniors, a program for young female volleyball players. She then (or also) played for the women’s volleyball team at her high school, graduating in 2020.

She then played for the women’s volleyball team at Coastal Carolina University in 2020. This means that she had met the NCAA standards for participation as a transgender athlete, which included undergoing at least one year of hormone therapy before participation. She played one season before transferring to SJSU. Notably, South Carolina — where Coastal Carolina is located — passed a law banning transgender athletes from women’s sports in 2022.

Let’s turn to Blaire’s athletic performance. She is currently playing in her third season at SJSU. Now, her coach may call her a good player. But in terms of recognition or awards, unlike Lia Thomas, she has none. She did not make an All-Conference team in either 2022 or 2023. What her detractors highlight are videos of Blaire spiking the ball and hitting opponents. However, these incidents, where a player spikes the ball, known as “kills” in volleyball parlance, and hits an opponent are routine parts of the game to anyone familiar with the sport.

Blaire Fleming is neither a recently-transitioned transgender athlete, nor an exceptional one. In my mind, given this context, I have no concern about the fairness of allowing her to compete with other women. She is, if not literally, certainly figuratively, just another competitor.

Now, you might believe this context doesn’t matter. No one born a man should ever be allowed to play with women. Hormone therapy is irrelevant. Men are men. Women are women.

To that, I would again remind you that your separation of the sexes principle likely does not apply to women competing with men. And a principle unequally applied is not a principle. It’s a personal preference. And personal preference is the euphemism that we all too often use for the word discrimination.

Consider again that Blaire is now in her third season. She played against Boise State, Wyoming and Utah State in 2022. SJSU went 5-1. No one forfeited. She played against those same teams last year. SJSU went 0-6. Of course, no one forfeited.

There’s only one explanation for the outcry now. Before this year, Blaire’s opponents didn’t know she was transgender. Now, they do.

The fact that women played against a transgender athlete for years and had no idea should have caused everyone who opposes transgender athletic participation to reconsider their views. It should have caused them to wonder if such a bright line rule was necessary, given that a transgender athlete competed without anyone noticing. This fact should have triggered some self-examination. Instead, sadly and predictably, it triggered villainization.

There are roughly 40 transgender athletes amongst the NCAA’s more than 500,000 athletes. That is roughly 40 specific contexts to consider in the discussion of fairness in women’s sports. If your opinion is simply that none of them should be able to compete, context doesn’t matter. I’m sorry, but I don’t think that feeling is based in a concern for fairness. Blaire Fleming is evidence that women’s sports can remain fair with transgender athletes participating.

Your concern is based in something different. Something that you wouldn’t appreciate if you were on the other side of it. Let’s call it what it is. It’s discrimination.

Eric Foster, a community member of the editorial board, is a columnist for The Plain Dealer and cleveland.com. Foster is a lawyer in private practice. The views expressed are his own.

To reach Eric Foster: ericfosterpd@gmail.com

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