Appeal Filed by Minnesota High School Players
On Thursday, attorneys for three female high school softball players from Minnesota addressed the U.S. Court of Appeals for the Eighth Circuit, seeking intervention in a lawsuit against state officials and Attorney General Keith Ellison. The focus? The participation of biological male athletes in girls’ sports.
This lawsuit, initiated in spring 2025, faced dismissal by U.S. District Judge Eric Tostrud on September 19. However, legal representatives from the plaintiffs, supported by the Alliance Defending Freedom (ADF), are eager to challenge that decision promptly.
Hal Frampton, an ADF attorney, presented arguments on behalf of the plaintiffs during the hearing.
“Our main point,” Frampton outlined, “is that Title IX exists to safeguard fairness and safety in women’s sports, regardless of whether the state is red or blue. If males are allowed to compete in women’s sports, it undermines Title IX and infringes on women’s rights.” This lawsuit aims to declare that a transgender pitcher—who played a key role in leading Champlin Park High School to a state championship—is ineligible for girls’ softball, similar to other biological males.
The Eighth Circuit has moved to hear the case sooner, with a preliminary hearing slated for January. Frampton expressed optimism about this scheduling, hoping it allows for a ruling before the 2026 softball season begins.
“It’s encouraging that the court has expedited this. It indicates they may issue an opinion ahead of the upcoming season,” he noted.
In the wake of the lawsuit’s dismissal, Minnesota’s leadership has faced heightened scrutiny, particularly concerning a significant welfare fraud scandal in the state. Distrust in Ellison and Governor Tim Walz has escalated, given the estimated $9 billion in fraud linked to federal child nutrition programs, alongside concerns surrounding Medicaid fraud. Recently, Walz withdrew his re-election bid amid criticism over the state’s fraud management.
“It seems Minnesota leadership might want to focus on more pressing issues than sidelining girls in sports,” Frampton added.
Additionally, shortly after the dismissal, the U.S. Department of Education and Department of Health and Human Services concluded that Minnesota’s policies violated Title IX by allowing transgender athletes to compete in women’s categories. Frampton mentioned this finding might influence the appeal, highlighting that it wasn’t available during the District Court proceedings.
After an executive order from President Trump in February aimed at banning men from women’s sports, the Minnesota High School League announced it was against federal law to allow transgender athletes in women’s competitions. Ellison, faced with potential threats of legal action from the Justice Department, decided to pursue a lawsuit in response.
Amid these developments, Ellison has also taken legal action against Trump and the Justice Department over attempts to enforce women’s sports protections in the state. He confidently stated, “First, we will sue them.”
A significant number of school board members throughout Minnesota—326 from 125 districts—have signed a letter urging leaders to revise policies, stipulating that only women should be allowed to partake in women’s sports.
“Ensuring fairness in women’s athletics is critical. The decision from federal authorities illustrates that allowing men in women’s teams disadvantages female athletes, depriving them of chances for success and visibility,” the letter emphasized. It also highlighted the importance of privacy and dignity for students, noting research indicating that allowing men into women-only facilities can pose safety risks.
FOX News Digital has attempted to reach Ellison’s office for comments. However, they opted not to respond, suggesting instead to share another opinion from Jack Brewer.
