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Lawyers representing three Minnesota female high school softball players appeared in the 8th U.S. Circuit Court of Appeals 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 suit, filed in spring 2025, was dismissed by U.S. District Judge Eric Tostrud on September 19. But the plaintiffs and their attorneys at the Alliance Defending Freedom (ADF) were determined to immediately appeal the decision.
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Champlin Park celebrates its state championship victory as Bloomington Jefferson looks on. (Amber Harding)
“The gist of our argument to the appeals court is that Title IX is for everyone, that it protects fairness and safety in women’s sports in red states as well as blue states, and that when states allow men to compete in women’s sports, it takes away the rights and opportunities of women in violation of Title IX,” Frampton told PK Press Club Digital.
The lawsuit seeks to have a transgender pitcher who led Champlain Park High School to a state championship last spring declared ineligible to compete in girls’ softball, along with any other biological male ineligible to play girls’ sports in the state.
The 8th Circuit Court of Appeals expedited the case to get an early hearing in January, which Frampton said will be key to potentially resolving the issue before the start of the 2026 softball season.
“We were really encouraged that the court expedited the argument so that it could hear it in January, and we hope that indicates that it intends to issue an opinion before the softball season begins,” Frampton said.
Since the lawsuit was initially dismissed in September, Minnesota and its Democratic leaders have faced intense scrutiny and arguably lost credibility due to the state’s growing welfare fraud scandal.
Billions of dollars in potential taxes, primarily from a massive federal child nutrition program scandal estimated at more than $9 billion in total fraud, as well as a $250 million COVID-era food assistance program and other significant Medicaid fraud cases, have sown growing distrust of Ellison and Gov. Tim Walz. Walz recently dropped his re-election bid amid growing criticism over his handling of the state’s fraud problem.
“It certainly suggests that Minnesota leaders should be focused on other things than taking away girls’ rights, it seems like they have bigger fish to fry,” Frampton said.
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Additionally, just days after the initial dismissal of Frampton’s lawsuit, the U.S. Department of Education and the Department of Health and Human Services determined this Minnesota educational agencies violated Title IX by allowing trans pitchers and other biological males to compete in women’s sports.
“So we were able to cite it in the court of appeals, but we weren’t able to cite it in the court of appeals. That wasn’t available when we were in the district court. So we hope that they will take into account the views of the enforcement agencies,” Frampton added.
After President Trump signed the “Keep 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 later claimed at an April 22 news conference that he had received a notice from the Justice Department threatening legal action if the state did not comply with the executive order. So the attorney general decided to prosecute first.
Meanwhile, Ellison has already filed his own lawsuit against Trump and the DOJ for trying to enforce his policies aimed at protecting women’s sports in Minnesota. Ellison bragged “sue them first” regarding the question.
Across the state, hundreds of school board members signed a letter urging leaders to change their policies to allow only girls to compete in girls-only sports. As of publication, 326 school board members across 125 Minnesota districts have signed the letter.
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Minnesota Governor Tim Walz speaks during a press conference on new gun laws at City Hall in Bloomington, Minnesota, August 1, 2024. (Stephen Maturen/Getty Images)
“Protecting fairness in women’s sports is paramount. The federal decision underscores how allowing men to compete on women’s teams keeps female athletes off the podium, denies them opportunities for advancement, and diminishes their visibility and recognition in competitions. Female students in our districts and across Minnesota deserve equal opportunities to excel in sports, without unfair physical advantages conferred by biological differences,” the letter read.
“Protecting the privacy and dignity of students is equally important. As the federal findings observe, allowing men access to women’s locker rooms and restrooms results in documented harm to the safety, privacy, and access of female students to educational activities.”
PK Press Club Digital has reached out to Ellison’s office for comment.
Ellison’s office declined to respond, telling PK Press Club Digital: “We will decline to comment, so feel free to start another weird Jack Brewer rant instead.”
