Minnesota Court Battle Shows Why Arkansas’ Law Protecting Women’s Sports Matters

On Wednesday a federal court in Minnesota heard oral arguments in a lawsuit over fairness in women’s sports.

The group Female Athletes United is challenging a Minnesota policy that lets male athletes compete in women’s athletics.

We have written many times about how male athletes have taken first place medals and podium spots away from women and girls.

Title IX is a federal law that prohibits discrimination on the basis of sex in education and in activities that receive federal funding — like school athletic programs. But in recent years there have been various policies and rules that drastically redefined “sex” under state and federal law to include sexual orientation and gender identity.

As a result, many policymakers and educators — including officials in Minnesota — have adopted policies that let male athletes compete in women’s sports and use girls’ locker rooms, showers, restrooms, and changing areas at school.

Female Athletes United is an organization that advocates for women and girls in sports. In May, the organization filed a lawsuit to strike down Minnesota’s policy that lets biological males compete in girls’ sports. The organization is represented by attorneys from Alliance Defending Freedom. Wednesday’s arguments in court are part of the lawsuit to strike down Minnesota’s policy.

In a statement, Alliance Defending Freedom wrote,

Alliance Defending Freedom attorneys represent Female Athletes United in a lawsuit challenging a discriminatory Minnesota athletics policy that violates the equal treatment and athletic opportunities for girls guaranteed by Title IX.

“Minnesota is failing its female athletes,” said ADF Senior Counsel Rory Gray, who will be arguing before the court. “The state is putting males ahead of females, telling girls their hard work may never be enough to win and that they don’t deserve fairness and safety. By sacrificing protection for female athletes, Minnesota fails to offer girls equal treatment and opportunity, violating Title IX’s provisions. We are advocating for true equality in sports and urge the court to enjoin Minnesota’s discriminatory policy.”

It seems likely that our federal courts ultimately will rule against Minnesota’s policy and uphold fairness in women’s sports.

Earlier this year, President Trump signed executive orders protecting fairness in women’s sports.

Since then the U.S. Department of Education has worked hard to ensure public schools, colleges, and universities treat women and girls fairly.

Letting men compete in women’s sports is unfair, and it effectively erases women’s athletics.

Female swimmerspowerlifterscyclistssprintersvolleyball players, and others have seen their sports radically changed by men who claim to be women. That hampers their ability to compete for athletic scholarships, and it hurts their professional opportunities as adults.

In some sports, letting men compete against women can even be dangerous.

In 2021 Arkansas passed Act 461 by Sen. Missy Irvin (R — Mountain View) and Rep. Sonia Barker (R — Smackover) preventing male student athletes from competing against girls in women’s athletics at school. This good law protects fairness in women’s sports — and it has spared Arkansas from some of the legal battles that other states have faced over athletic programs.

Arkansas also has adopted good laws protecting physical privacy in school locker rooms, showers, restrooms, changing areas, and sleeping accommodations.

Most Americans agree that athletes should compete according to their biological sex — not their gender identity.

We deeply appreciate organizations like Alliance Defending Freedom and Female Athletes United who stand up for fairness in women’s sports. We also appreciate Arkansas’ lawmakers who have enacted good measures protecting fairness in women’s sports in our state.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

U.S. Department of Education Investigating Four Kansas School Districts for Secret “Gender Transitions”

The U.S. Department of Education says it is investigating four school districts in Kansas for alleged secret gender transitions after a complaint by the organization Defense of Freedom Institute.

The complaint alleges that school officials in Topeka, Shawnee Mission, Olathe, and Kansas City let male students into females’ private spaces and sports at school and hid students’ sexual identity confusion from their parents.

Unfortunately, this is not the first time schools in America have been accused of secretly encouraging students to “socially transition” at school. Our friends at Alliance Defending Freedom have spoken repeatedly about this very issue.

Fortunately, Arkansas has enacted good laws to help prevent schools from socially transitioning children or promoting radical pro-LGBT ideology in the classroom. Arkansas has successfully passed legislation protecting children from gender transition statewide. And the U.S. Department of Education has also rolled back pro-LGBT federal policies enacted under the Biden Administration. All of that is good news.

We deeply appreciate our elected leaders and policymakers who work hard to stand up for students both in Arkansas and across the country.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Unpacking the Federal Court Decision Upholding the SAFE Act

Above: Rep. Robin Lundstrum asks the Arkansas House of Representatives to support the SAFE Act in this file photo from April 6, 2021.

On Tuesday, the Eighth Circuit Court of Appeals issued a decision upholding Arkansas’ Save Adolescents From Experimentation (SAFE) Act — a good law that protects children from puberty blockers, cross-sex hormones, and sex-change surgeries.

In 2021, the Arkansas Legislature overwhelmingly passed the SAFE Act. However, the ACLU and others sued to strike down the law. A federal judge in Little Rock blocked the state from enforcing the SAFE Act, but the Arkansas Attorney General’s Office appealed that decision. Tuesday’s ruling from the Eighth Circuit effectively ends the years-long lawsuit over the SAFE Act’s constitutionality.

Below are a few key highlights from the Eighth Circuit’s decision.

The Ruling Upholds the SAFE Act

The ruling effectively upholds the SAFE Act as constitutional.

The Eighth Circuit found the district court in Little Rock blocked the SAFE Act based on “incorrect conclusions of law.”

The SAFE Act does not violate the First Amendment or the Equal Protection Clause. It is lawful, and Arkansas can enforce it.

There is No Fundamental Right to Sex-Change Procedures

The Eighth Circuit rejected the idea that there is a “fundamental right” for children to obtain gender transition procedures.

The ruling found that Arkansas’ SAFE Act is reasonably related to legitimate state interests like restricting dangerous medical procedures and protecting children from harm. The court wrote, “The [SAFE] Act is rationally related to the state’s legitimate interest in protecting the well-being of minors.”

Sex-change procedures, puberty blockers, and cross-sex hormones can leave children permanently scarred, sterilized, and at risk of serious health conditions.

The judges pointed out that children who use puberty blockers are at greater risk of low bone density.

The court noted that “risks for minors using cross-sex hormones include changes in cholesterol and blood thickness, blood clots (increasing stroke risk), and infertility.”

The judges also cited evidence that sex-change surgeries carry risks and can lead to lifelong regret.

All of these findings underscore just how dangerous these procedures are.

Arkansas Has the Authority to Regulate Sex-Change Procedures

The court emphasized that states have broad authority to regulate medicine—especially when it comes to children.

Doctors do not know the long-term effects these procedures might have on people, but men and women have come forward with chilling testimony about how they were rushed through gender transitions as children without knowing the procedures’ risks, consequences, and alternatives.

Groups like the ACLU have claimed that the SAFE Act is discriminatory, but organizations like the Heritage Foundation have pointed out that simply is not the case. The SAFE Act does not deny healthcare to anybody. It just prohibits healthcare providers from performing or paying for sex-change procedures on children. That is something the State of Arkansas is free to do.

Arkansans Should Be Proud of the SAFE Act

We have said for years that we believed our courts ultimately would uphold the SAFE Act as constitutional.

There is a good reason why most lawmakers and most voters in Arkansas support the SAFE Act: It’s common-sense legislation that protects children from dangerous sex-change procedures.

This ruling from the Eighth Circuit underscores that the SAFE Act is a good law that Arkansans should be proud of.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.