Attorneys representing three Minnesota high school softball players appeared before the U.S. Court of Appeals for the 8th Circuit on Thursday, asking the court to intervene in a lawsuit against Minnesota state agencies and Attorney General Keith Ellison for allowing a biological male athlete to compete against girls.
The lawsuit, filed in the spring of 2025, was dismissed by U.S. District Judge Eric Tostrud on September 19. But prosecutors and their lawyers at Alliance Defending Freedom (ADF) were determined to appeal the decision immediately.
ADF attorney Hal Frampton argued on behalf of the plaintiffs on Thursday.
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“The core of our argument before the court of appeals is that Title IX is for everyone, that it protects fairness and safety in women’s sports in both red and blue states, and that when states allow men to compete in women’s sports, it takes away women’s rights and opportunities that violate Title IX,” Frampton told Fox News Digital.
The lawsuit seeks to make a transgender pitcher who led Champlain Park High School to a state championship last spring ineligible to participate in girls’ softball, and to make any other biological male ineligible to play girls’ sports in the state.
The Court of Appeals for the 8th Circuit expedited the case to get an early hearing in January, which Frampton said will be critical to potentially addressing the issue before the 2026 softball season begins.
“We were very encouraged that the court expedited the argument so they could hold it in January, and we hope these are signals that they plan to issue an opinion before the start of the softball season,” Frampton said.
Since the lawsuit was originally dismissed in September, Minnesota and its Democratic leadership have come under enormous pressure and arguably lost credibility as a result of the state’s growing welfare fraud scandal.
Potentially billions in taxpayer dollars, mainly stemming from a massive scandal surrounding the federal child nutrition program, estimated to total more than $9 billion in fraud, in addition to a $250 million COVID-era food assistance program and other major Medicaid fraud cases, have sown growing distrust in Ellison and Governor Tim Walz. Walz recently dropped his bid for re-election amid growing criticism of his handling of the state’s fraud problem.
“It certainly suggests that Minnesota leadership needs to focus on things other than taking away girls’ rights. It seems like they have bigger fish to fry,” Frampton said.
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Additionally, just days after Frampton’s lawsuit was originally dismissed, the U.S. Department of Education and the Department of Health and Human Services decided that Minnesota educational institutions violated Title IX by allowing trans pitcher and other biological males to participate in girls’ sports.
“So we were able to present that to the appellate court, but not to the appellate court. It was not available when we were in the district court. So we are hopeful that they will take into account the views of the enforcement agencies,” Frampton added.
After President Trump signed the Keeping Men Out of Women’s Sports executive order last February, the Minnesota State High School League announced it would defy federal law by allowing transgender athletes to continue playing women’s sports. Ellison subsequently claimed at a press conference on April 22 that he had received a notice from the Justice Department threatening legal action if the state did not comply with the executive order. That is why the attorney general decided to file a lawsuit first.
Meanwhile, Ellison has already filed his own lawsuit against Trump and the DOJ for trying to enforce their policies protecting girls’ sports in Minnesota. Ellison has bragged about it “Sue first” regarding the issue.
Within the state, hundreds of school board members have done so signed a letter Urge leaders to change their policies to allow only women to participate in girls’ sports. At the time of publication, 326 school board members in 125 Minnesota districts have signed the letter.
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Minnesota Governor Tim Walz speaks during a press conference on new gun legislation at Bloomington City Hall in Bloomington, Minnesota, on August 1, 2024. (Stephen Maturen/Getty Images)
“Protecting fairness in women’s sports is of paramount importance. The federal determination highlights how allowing men to compete on female teams displaces female athletes from podiums, denies them opportunities for advancement, and reduces their visibility and recognition in competitions. Female students in our districts and across Minnesota deserve equal opportunities to excel in sports, free from unfair physical advantages that biological differences bring,” the letter said.
“Protecting the privacy and dignity interests of students is equally important. As the federal findings show, allowing men into female-only locker rooms and restrooms leads to documented harm to female students’ safety, privacy, and access to educational activities.”
Fox News Digital reached out to Ellison’s office for comment.
Ellison’s office declined to comment, telling Fox News Digital, “We decline to comment, so feel free to throw in another weird rant from Jack Brewer.”
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