The University of Nevada, Reno announced it will not forfeit its upcoming women's volleyball game against San Jose State on Oct. 26 despite multiple requests from players.

A university spokesman told Fox News Digital on Thursday that the program would not abandon the game because it would be a violation of state law.

“Due to several factors, the university made the decision not to declare a forfeiture and to host the game as planned. As a public university, the University is legally prohibited by Section 24 of the Nevada Constitution and other laws and regulations from declaring a forfeiture for reasons related to gender identity or expression,” the spokesperson said.

Article I, Section 24 of the Nevada Constitution provides that “equality of rights under the law shall not be denied or abridged by this State or any political subdivision thereof on account of race, color, creed, sex, sexual orientation, gender identity, or….” expression, age, disability, ancestry or national origin.”

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However, this constitution was revised in 2022 when Nevada voted to adopt the Equal Rights Amendment, which added gender identity to the list of protected rights.

Nevada state Sen. Pat Spearman, a North Las Vegas Democrat who co-sponsored the bill to get it on the ballot, said the law helped transgender people maintain their identity.

“As a public university, forfeiture based on gender identity or expression could constitute discrimination per se and violate the Nevada Constitution,” the university’s statement continued.

Twenty-three states have laws restricting the inclusion of transgender athletes in women's sports. One of those states, Idaho, is home to Boise State, one of the first programs to forfeit a game against San Jose State.

Idaho Gov. Brad Little issued an executive order in August implementing the Defending Women's Sports Act, which is intended to encourage schools to ensure that only biological females participate in girls' and women's sports.

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Several states filed lawsuits and enacted their own laws to address this issue after the Biden-Harris administration issued a sweeping rule clarifying that Title IX's ban on discrimination based on “sex” in schools also included discrimination based on sex gender identity, sexual orientation and “pregnancy or similar conditions” in April.

The administration insisted that the regulation did not relate to athletic fitness. However, several experts Evidence presented told Fox News Digital in June that it would ultimately bring more biological men into women's sports.

The Supreme Court then voted 5-4 in August to reject an emergency request from the Biden administration to enforce parts of that new rule after more than two dozen Republican attorneys general filed suit in their own states to block the Title IX changes.

However, Nevada is not one of these states. The Silver State has been more responsive to the Democratic-led agenda on transgender athletes in women's sports. Now the Nevada volleyball team must prepare for a game knowing several players likely won't participate.

The university also invoked the First Amendment of the U.S. Constitution for its decision not to forfeit the game, claiming that playing against a transgender opponent was a free speech right.

(LR) San Jose State setter Brooke Slusser celebrates after scoring a point with libero Randilyn Reeves, outside hitter Blaire Fleming and libero Alessia Buffagni during the first set of an NCAA college volleyball game against Colorado State on Oct. 3, 2024 in Fort Collins has achieved. Colo. (AP Photo/David Zalubowski)

“We also recognize that a student-athlete’s decision to participate in the same game may also be considered free speech protected by the First Amendment. “As a result, a forfeiture declared by the university prior to the game for reasons involving gender identity or expression could violate the law.” “The rights of our student-athletes, regardless of whether they choose to compete or not,” said the speaker.

For this reason, the program also promises that any player who chooses not to participate in the game will not face any consequences.

“A student-athlete’s refusal to participate in the game against San Jose State University may be interpreted as free speech,” the statement said.

Nevada players initially said in a Statement to OutKick On Monday, they announced they were forfeiting their game against the Spartans to “stand in solidarity” with Southern Utah, Boise State, Wyoming and Utah State, all of which have withdrawn from their games against the Spartans.

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Nevada team captain Sia Liillii met with Republicans, former Hawaii congressman. Tulsi GabbardOklahoma Sen. Markwayne Mullin and Nevada Senate candidate Sam Brown after their team's win over Utah State on Tuesday and reiterated their stance not to face San Jose State.

“I know what our team will do and we will show integrity,” Liillii told the Reno Gazette Journal. “I think this is the hardest thing our team has ever been through, but I’m just happy that I have so many brave young women behind me and that I get to be captain of this team.”

Liillii said the players had direct conversations with Nevada athletic director Stephanie Rempe, but they did not change the program's mind about the loss.

A volleyball net during the Division III women's volleyball championship at the US Cellular Center on November 23, 2019 in Cedar Rapids, Iowa. (Jack Dempsey/NCAA photos via Getty Images)

The players' preference for giving up was praised by Nevada Governor Joe Lombardo, who praised the players for standing up for what they believe in. It also earned praise from several players on San Jose State's team who have shared the court with a transgender teammate for multiple seasons.

“A big round of applause to the girls on the (Nevada Wolf Pack) volleyball team,” wrote San Jose State volleyball player Brooke Slusser on What You Believe Takes Courage! Another big step in the right direction for women’s sports!”

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