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A federal judge dismissed a lawsuit by three Minnesota girls high school softball players who have had to compete against a biological male transgender pitcher.
The lawsuit was filed by three anonymous female athletes against Minnesota Attorney General Keith Ellison, Minnesota State High School League Executive Director Erich Martens, Minnesota Department of Human Rights Commissioner Rebecca Lucero and Minnesota Commissioner of Education Willie Jett.
The case was thrown out Sept. 19 by U.S. District Judge Eric Tostrud, who was appointed by President Donald Trump in 2018.
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Champlin Park celebrates winning the state championship while Bloomington Jefferson looks on. (Amber Harding)
One of the anonymous plaintiffs told Fox News Digital the dismissal is “upsetting” and “frustrating.”
“This is so upsetting. I honestly don’t think it’s fair that this is still going on. I really hoped the court would order it to stop immediately, and now it just feels super frustrating, not only for those affected now but for all the girls it could affect,” she said.
Another plaintiff also called the ruling “frustrating,” adding, “This is not fair.”
Tostrud’s decision states that the plaintiffs’ attorneys have “not shown as a factual matter that bylaw-created disparities are sufficiently substantial to deny its members ‘effective accommodation’ or ‘equal treatment’ as those concepts are defined under Title IX.”
The transgender athlete, Marissa Rothenberger of Champlin Park High School, led the school to a state championship this past year while dominating female opponents.
Rothenberger threw a complete-game shutout, allowing just three hits and striking out six in the championship game, capping off a run that saw Rothenberger pitch all 21 innings across three state tournament games, giving up just two runs.
The junior allowed just two runs across 35 total innings in the postseason.
TRACKING THE TRANS ATHLETE HIGH SCHOOL SPORTS CONTROVERSIES SHAKING THE NATION OVER THE LAST YEAR
Marissa Rothenberger celebrates in the dugout with teammates after Champlin Park’s dramatic win. (Amber Harding)
One of the plaintiffs previously told Fox News Digital about what it was like playing against Rothenberger.
“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,” the player said.
“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.
“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.”
After President Trump signed the “Keeping Men Out of Women’s Sports” executive order, 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 April 22 that he received notice from the Department of Justice threatening legal action if the state did not follow the executive order. So, the attorney general decided to sue first.
The U.S. Department of Education announced in June that its two ongoing investigations into Minnesota on the issue, one that launched in February and one that launched on June 3, would be elevated to the newly formed Title IX investigations team.
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Transgender pitcher Marissa Rothenberger (Amber Harding)
“The Trump administration has a duty to protect women and girls and uphold federal civil rights, and I am pleased to partner with Attorney General Pam Bondi to elevate the Department’s investigations in Minnesota to the Title IX Special Investigations Team,” U.S. Secretary of Education Linda McMahon said in the announcement.
“Minnesota’s continued indifference to females’ civil rights is completely unacceptable. We must ensure women and girls are not stripped of their hard-earned accolades or subjected to the danger and indignity of unfair competitions, and we will fight to restore antidiscrimination protections under Title IX to the fullest extent of the law.”
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