6 minSports
Attorney Says Supreme Court Fight Could Set Title IX Precedent for Girls' Sports
A Washington high school wrestler's emergency Supreme Court application could lead to a ruling that Title IX requires a protected female sports category, her attorney says, potentially forcing policy changes in 23 states.
A Washington high school wrestler's emergency application to the Supreme Court could produce a ruling that Title IX requires schools to maintain a protected female sports category, an outcome her attorney says would force policy changes in 23 states that currently allow transgender athletes to compete in girls' sports.
Hal Frampton, senior counsel at Alliance Defending Freedom, told OutKick that the ultimate objective is a decision establishing that the federal law bars biological males from female athletic competitions. «The hope would be then that that would force all 23 of those states to enact policies protecting women and girls, protecting the female category, and simply getting back to the common sense notion that women's sports are for women,» Frampton said.
The wrestler, identified in court filings as K.M.K. and known publicly as Kallie Keeler, and her mother, Stephanie Lynne Brown, are seeking Supreme Court intervention after Keeler alleged she was sexually assaulted by a transgender opponent during a girls' wrestling match in December 2025. The application asks the justices for an injunction pending appeal and, alternatively, to take up the case before the Ninth Circuit completes its review.
Frampton said the emergency request seeks protection for Keeler rather than monetary damages, though he left open the possibility of pursuing damages later. «For right now, all we're saying is while this case is pending,» give her assurance she can compete without being matched against a male athlete, he said. He added that the immediate concern is returning Keeler to the mat before her remaining high school seasons slip away. «We filed the emergency application with the Supreme Court because it's really the only way to get Callie and her family relief in advance of wrestling season,» Frampton said.
Justice Elena Kagan has requested a response to the application by 4 p.m. EDT on Oct. 13. The request remained pending as of Friday. Washington's wrestling season begins in mid-November.
The Ninth Circuit denied emergency relief on Sept. 25, finding the family had not established an immediate emergency or a sufficiently strong likelihood of success. The court also raised concerns about other students' privacy and the breadth of the requested relief, while noting the district had said Keeler could forfeit matches without district-imposed adverse consequences.
Frampton rejected the privacy justification and accused Washington officials of refusing to accommodate Keeler. «From the very beginning, there's been no effort to compromise, to accommodate Callie, to appreciate what she's been through,» he said.
The Washington Interscholastic Activities Association has previously said it would follow state law allowing participation by gender identity and would revise its policies if that law changes. Pierce County prosecutors declined to charge Keeler's opponent, concluding they could not prove third-degree rape beyond a reasonable doubt or overcome a consent defense arising from case law on athletic contests. The prosecutor emphasized that the decision did not mean approval of the alleged conduct.
Frampton said the experience has taken a toll on Keeler and her family, including her transfer to another school. «She ultimately had to change schools in order to get away from the harassment and bullying and the just lack of concern from the administration, which is not easy for any high school student to do,» he said. Still, he described the family as determined to continue pursuing the case. «High school careers are fleeting. She's already a junior. Blink and it'll be over. And we just don't want her to miss out on the opportunity to compete in high school athletics,» Frampton said.
The family's request has drawn support from 24 states, led by Iowa and Idaho, which filed a brief on Oct. 7 arguing that allowing biological males into female sports denies girls Title IX protections. The Independent Council on Women's Sports and its members also filed an amicus brief on Oct. 8 supporting Keeler's emergency request, arguing that school administrators bear responsibility under Title IX for protecting female athletes. The brief contends that lost athletic opportunities cause irreparable harm and that privacy concerns should not prevent schools from identifying competitors' biological sex. «It is unreasonable for school administrators to attempt to shift the burden of protecting girls in school sports to parents and children,» the brief states.
Frampton acknowledged that a temporary order protecting Keeler would not by itself impose new eligibility policies on 23 states. The distinction matters because the Ninth Circuit said the Supreme Court's recent West Virginia v. B.P.J. decision left open whether schools may allow biological males who identify as female to participate in girls' and women's sports. Frampton's broader goal would address that unresolved question. Asked whether that objective could be accomplished through the current application or would require further steps, Frampton called it «a huge step toward accomplishing that goal.»
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