Female Athletes United v. Keith Ellison

── Female Athletes United v. Keith Ellison ── Court: Court of Appeals for the Eighth Circuit Date: April 15, 2026 Category: General United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-2899 ___________________________ Female Athletes United Plaintiff - Appellant v. Keith M. Ellison, in his official capacity as Attorney General of Minnesota; Rebecca Lucero, in her official capacity as Commissioner of the Minnesota Commission on Civil Rights; Erich Martens, in his official capacity as Executive Director of the Minnesota State High School League; Willie Jett, in his official capacity as the Minnesota Commissioner of Education; Independent School District No. 11, School Board; Independent School District No. 192, School Board; Independent School District No. 279, School Board Defendants - Appellees ------------------------------ State of Iowa; State of Alabama; State of Alaska; State of Arkansas; State of Florida; State of Georgia; State of Indiana; State of Kansas; State of Louisiana; State of Mississippi; State of Missouri; State of Montana; State of Nebraska; State of Oklahoma; State of South Carolina; State of South Dakota; State of Texas; State of Utah; State of Wyoming; Independent Council on Women’s Sports; Sport Scientists; State of North Dakota; State of Tennessee; Mark Regnerus Amici on Behalf of Appellant(s) State of Washington; State of California; State of Connecticut; State of Hawaii; State of Illinois; State of Maine; State of Maryland; State of Massachusetts; State of Nevada; State of New York; State of Oregon; State of Rhode Island; State of Vermont; National Women’s Law Center; American Federation of Teachers; Clearinghouse on Women’s Issues; Feminist Majority Foundation; GLSEN;  Jewish Community Action; Minnesota Abortion Action Committee; National Association of School Psychologists; National Association of Women Lawyers; National Council of Jewish Women; National Education Association; National Organization for Women Foundation; OutNebraska; PFLAG, Inc.; PROMO; Public Counsel; Red River Women’s Clinic; The Trevor Project; Women’s Foundation of Minnesota; Women’s Law Project; American Civil Liberties Union; American Civil Liberties Union of Minnesota; Gender Justice; Information Society Project; Andraya Yearwood Amici on Behalf of Appellee(s) ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: January 15, 2026 Filed: April 15, 2026 ____________ Before GRUENDER, ERICKSON, and GRASZ, Circuit Judges. ____________ GRUENDER, Circuit Judge. Jane Doe is a biological male who has identified as a transgender girl since at least the age of ten. Now a high-school senior, Doe captains a varsity girls’ softball team which competes in the Minnesota State High School League (the “League”), a voluntary association of high schools that administers student athletic activities. The League permits Doe to participate in all-girls’ softball pursuant to a 2016 bylaw that allows students to participate in athletics or fine arts activities in a manner “consistent with their gender identity or expression” (hereafter, the “Bylaw”). Doe has been a key contributor to the varsity team’s success; last season, Doe led the team to a state championship after pitching every inning of its final five playoff games. Doe intends to play for the team in the upcoming League season and help it