Lawsuit over Minnesota trans pitcher heats up with first court hearing

A lawsuit filed by three Minnesota softball players against the state for allowing a biological male pitcher to compete saw its first court hearing on Wednesday.

U.S. District Judge Eric Tostrud heard oral arguments by attorneys representing the three players in a request for a preliminary injunction that would block transgender athletes from competing in girls sports in the state.

One of the attorneys representing the three girls told Fox News Digital that they are arguing that current Minnesota policies violate Title IX. 

“It fundamentally denies women equal athletic opportunities in sports that require competitive skills or contact sports, to allow males into those spaces to play against them,” said Alliance Defending Freedom Senior Counsel Hal Frampton.

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Champlin Park celebrates winning the State Championship while Bloomington Jefferson looks on. (Amber Harding)

The plaintiffs hope the suit will result in a permanent change to the state’s sports bylaws.

“We’re seeking a ruling that the bylaws of the Minnesota state high school league to prevent any male who asserts a female gender identity to pay women’s sports, we’re seeking a ruling that those bylaws fundamentally violate Title IX,” Frampton said.

The lawsuit names three school districts, Minnesota Attorney General Keith Ellison, Minnesota State High School League executive director Erich Martens, commissioner of the Minnesota Department of Education Willie Jett, and commissioner of the Minnesota Department of Human Rights Rebecca Lucero as defendants.

One of the anonymous softball players involved in the lawsuit previously told Fox News Digital what it was like facing the trans athlete, who led Champlin Park High School to the state championship this season. 

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Marissa Rothenberger celebrates in the dugout with teammates after Champlin Park’s dramatic win. (Amber Harding)

“Hitting against him is not only a physical challenge but a mental, too. It’s a mental battle knowing that he has an advantage in the sport that I grew up playing, making it hard to even want to hit against him. His ability to get outs and spin the ball is a strong advantage, but like I said it’s also incredibly mentally challenging knowing that you’re competing against someone who has unfair advantages leaving you with little to no confidence,” the player said. 

“This issue has affected me in ways that I never imagined. It’s simply unfair and I hate that nothing is happening to change that. Boys should not be able to take girls spots on teams just because they are capable of doing so. I hope that more girls affected by this issue will stand up against this.”

The anonymous player also called out Ellison for aggressively defending trans inclusion in girls sports in the state. Ellison has filed a lawsuit against President Donald Trump and the U.S. Department of Justice over Trump’s “Keeping Men Out of Women’s Sports” executive order. 

“It’s really upsetting to know that [Ellison] isn’t taking rights of girls and women seriously. He is allowing boys to compete with girls, and it is not safe and completely unfair. To know that AG Ellison is in complete support of letting boys and men take advantage of females in sports is absolutely disgusting and wrong,” the player added. 

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Transgender pitcher Marissa Rothenberger (Amber Harding)

Minnesota’s state legislature failed to pass the “Preserving Girls’ Sports Act” in early March, which would have stated that “only female students may participate in an elementary or secondary school level athletic team or sport that an educational institution has restricted to women and girls.”

Now, this lawsuit will seek to achieve the same purpose as that bill. 

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