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Lawyers representing three Minnesota girls’ high school softball players appeared before the 8th U.S. Circuit Court of Appeals 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, which was filed in the spring of 2025, was dismissed by U.S. District Judge Eric Tostrud on September 19. But the plaintiffs and their lawyers at Alliance Defending Freedom (ADF) were determined to appeal the decision immediately.
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Champlin Park celebrates winning the State Championship as Bloomington Jefferson looks on. (Amber Harding)
“The crux of our argument before the appeals court is that Title IX is for everyone, 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 women’s rights and opportunities in violation of Title IX,” Frampton told Pak Gazette Digital.
The lawsuit seeks to have a transgender pitcher who led Champlain Park High School to a state championship last spring be declared ineligible to compete in girls softball, as well as to have any other biological male ineligible to play women’s sports in the state.
The Eighth Circuit Court of Appeals fast-tracked the case to get an early hearing in January, which Frampton believes 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 have it in January, and we hope that indicates that they intend 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 immense scrutiny and arguably lost credibility due to the state’s growing welfare fraud scandal.
Potentially billions of tax dollars, stemming primarily from a massive federal child nutrition program scandal estimated at more than $9 billion in total fraud, along with a $250 million COVID-era food relief plan and other major Medicaid fraud cases, have sown growing distrust in Ellison and Gov. Tim Walz. Walz recently dropped his re-election bid amid growing criticism of his handling of the state’s fraud problem.
“It certainly suggests that leadership in Minnesota should be focusing on things other than taking away girls’ rights; it seems like they have more important things to do,” Frampton said.
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Additionally, just days after Frampton’s lawsuit was originally dismissed, the U.S. Department of Education and the U.S. Department of Health and Human Services determined that Minnesota Education agencies violated Title IX by allowing trans pitcher and other biological males to compete in women’s sports.
“So we were able to cite that to the court of appeals, but we couldn’t cite that to the court of appeals. It wasn’t available when we were in front of the district court. So we’re hopeful that they will take into account the opinions of the law 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 then claimed at a press conference on April 22 that he received a notice from the Department of Justice threatening legal action if the state did not comply with the executive order. So the attorney general decided to sue first.
Meanwhile, Ellison has already filed her own lawsuit against Trump and the Department of Justice for attempting to enforce her policies to protect women’s sports in Minnesota. Ellison has boasted “sue them first” regarding the topic.
Within the state, hundreds of school board members signed a letter urging leaders to change their policies to allow only women to compete in women’s sports. At the time of this publication, 326 school board members in 125 Minnesota districts have signed the letter.
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Minnesota Governor Tim Walz speaks during a news conference about new gun legislation at City Hall in Bloomington, Minnesota, on August 1, 2024. (Stephen Maturen/Getty Images)
“Protecting equity in women’s sports is paramount. The federal determination highlights how allowing men to compete on women’s teams displaces female athletes from the podiums, denies them opportunities for advancement, and diminishes their visibility and recognition in competition. Female students in our districts and across Minnesota deserve equal opportunities to excel in sports, free from the unfair physical advantages conferred by biological differences,” the letter reads.
“Protecting the privacy interests and dignity of students is equally important. As federal findings note, allowing men to access women-only locker rooms and restrooms leads to documented harms to female students’ safety, privacy, and access to educational activities.”
Pak Gazette Digital has reached out to Ellison’s office for comment.
Ellison’s office declined to respond, telling Pak Gazette Digital: “We will decline to comment, so feel free to launch into another bizarre Jack Brewer rant.”
