Posted on 10/06/2026 1:25:42 PM PDT by Red Badger
When a federal appeals court known for its rock-bottom track record in Supreme Court reviews reinstated California's so-called gender secrecy policies in schools, parents and teachers ran to SCOTUS for an emergency injunction. The gambit worked, prompting a broadside by six justices against lower courts for ignoring a century of precedents.
Now a mother and daughter in Washington state are seeking the same shortcut around the 9th U.S. Circuit Court of Appeals, which rejected their plea to force a school district and state athletic association to warn them before the girl unwittingly competes against another male in girls' wrestling, as happened when one allegedly sexually assaulted her on the mat.
"The Ninth Circuit stacked the deck against K.M.K. from the get-go" by applying a "doubly demanding standard" to Kallie Keeler's motion for an emergency injunction pending appeal, according to the teenager's emergency application to SCOTUS on Friday with her mother, Stephanie Brown. (As a minor, Keeler goes by her initials in legal proceedings.)
The appeals court required Keeler to show "the merits clearly (not likely) favor her and that 'extreme or very serious damage will result'" if she doesn't get an emergency injunction, defying SCOTUS by dismissing the physical and competitive threat to Keeler from males on the mat as an unresolved factual dispute, the emergency application says.
The high court explicitly recognized the "reality" of males' safety and fairness threats to females, especially in "contact sports," when it approved state bans on males in girls' sports, according to the duo's lawyers at the Alliance Defending Freedom, which says it has 20 victories at SCOTUS since 2011.
The 9th Circuit also falsely claimed Keeler and her mother wanted "medical information about other children" – the gender identity of males who identify as the opposite sex, a rationale also invoked to frustrate public records requests – when they in fact requested to know only whether Keeler "is set to wrestle a male," the duo says.
The application argues that the Puyallup School District, Washington Interscholastic Activities Association and Office of the Superintendent of Public Instruction don't have to tell them anything in "most instances," but "simply not schedule" Keeler against a male.
Yet the defendants "demand that K.M.K. continue competing against males or sit out sports entirely" and refuse to opt her out of matches with males "without penalty" or notify Brown so she can pull her daughter out herself, the application says.
ADF spokesperson Claire Carson emphasized to Just the News in an email that "only the school district" has pledged that it won't penalize Keeler for opting out of a "particular match," which "doesn't protect her from penalties – such as unexcused forfeitures – imposed by the WIAA, the body that actually governs school wrestling."
The second problem is the mother and daughter would have to possess "information no one's giving them: that Kallie is going to wrestle a male athlete," Carson wrote. Neither the district nor WIAA has agreed to either stop matching her against males or "give her an excused forfeiture under the WIAA rules without forcing her to guess."
No regulatory safe harbor for 'a system without a female-only category'
Their Sept. 22 opening brief at the 9th Circuit argues Brown and Keeler each qualify for a preliminary injunction, to protect the mother's "fundamental right to direct her daughter's care, upbringing, and education" and the daughter's Title IX right to be treated no worse than boys, who have "greater athletic opportunities than girls" under WIAA's gender identity policy.
"Before the policy, recognizing that girls have no leg up over boys and were historically excluded from many sports, all girls were already allowed to compete on a boys’ team if there was no girls’ team," while the association still deems any coed team "a boys’ team that can only compete against other boys’ teams," the brief says.
The gender-identity policy now opens girls' sports to "females and some males," letting the latter compete under athletic standards designed for females, thus operating "a system without a female-only category" that is outside "Title IX’s regulatory safety harbor," it also says.
ADF's Carson didn't answer Just the News on the typical body-mass index in girls' versus boys' wrestling, but the opening brief specifies that WIAA sets "14 male weight classes and 14 distinct female weight classes" and different minimum body fat percentages between the sexes, 7% for males and 12% for females.
The defendants can't feign ignorance about the harm the gender-identity policy is causing female athletes at large, not just Keeler, whose alleged assailant is still eligible to wrestle her and whose girls' team has another male wrestler in the weight class just above Keeler's, according to the brief.
A male athlete won state titles in girls' track and field in 2024 and 2025 and another "tackled" a girl in girls' basketball last year, prompting a federal Title IX investigation, yet WIAA "changed nothing," the brief says.
The superintendent of public instruction bore down on WIAA to retain the gender-identity policy against protests by conservative districts in the state and threatened to strip state funding from "holdouts," most of whom gave in, the plaintiffs allege.
Submitted to Justice Elena Kagan, who reviews 9th Circuit emergency applications, the Friday filing by Brown and Keeler invokes a more robust factual record on male athletic advantage than SCOTUS reviewed when it upheld state bans on males in girls' sports.
Their expert witnesses, University of Nebraska exercise scientist Gregory Brown and former American Medical Society for Sports Medicine President Chad Carlson, testified that males have an "inherent advantage" in wrestling's most important traits and will cause "predictable, identifiable, increased, and unequal risks" to females.
This is true regardless of "what drugs they take" – puberty blockers, supplemental estrogen and testosterone suppressors — which WIAA doesn't require of males anyway, letting them compete as girls by self-identification, the application says.
Appeals court 'barely acknowledged the sexual assault'
By construing the plaintiffs' emergency motion as a request for a "mandatory injunction" that orders the defendants to "do something" rather than "preserve the status quo," the 9th Circuit set a higher bar for Brown and Keeler, currently the subject of a "9-2 circuit split" that cries out for resolution by the high court, the emergency application says.
It also characterizes the status quo as a "fuzzy and easily manipulable" concept, distracting courts from the core issue: "preventing irreparable injury when the applicant is likely to succeed."
The 9th Circuit spuriously claims Keeler doesn't need an emergency injunction because her season doesn't start until "mid-November," ignoring "the time necessary to seek relief from this Court if there was an adverse ruling, precisely the situation that materialized," the application says.
The appeals court also "barely acknowledged the sexual assault" Keeler allegedly endured by the literal hand of her opponent – the incident was caught on video – in assessing the balance of equities between her and male opponents whose "privacy rights" are at stake if their sex were to be disclosed to Brown, the application says.
This spring's parental rights precedent Mirabelli, which the 9th Circuit deemed irrelevant by claiming Brown sought private information about other students, gives the mother "the right to decide a question regarding her daughter’s physical health: whether K.M.K. wrestles males," the plaintiffs say.
All they want is "modest temporary relief [...] the opportunity to opt K.M.K. out of wrestling males, with notice when necessary."
” these subhumans”
Which?
1. trannies
2. school board
3. circuit court judges
All are complicit monsters.
Wrestling aint going to defend anyone. All that does is end up in compromised positions for things to go bad.
MMA or jujitsu on the other hand...
not much need for wrestling, if you have her learn other defensive class, or martial arts. Teach her to fight them off before it gets to being on the ground!
“Everyone has a crazy relative who moved to California!”
History says you are right. First came the natives who were fleeing other natives like the Olmec, Maya, Aztec, and others who wanted to kill them.
Then came the Spaniard Conquistadors seeking land and gold treasure and willing to kill anyone who got in their way. They enslaved many natives and killed many more. They and the Portuguese also bought slaves from African Muslims who were doing the same thing in Africa. They also emptied their own prisons to use the criminals as slave labor in the New World. Every ship brought more treasure seekers, pirates, con-men, murderers and petty criminals to the shores of the New World.
Let that mixture simmer for 300 years, then gold is discovered at Sutter’s Mill.
Same thing happens all over again. Every treasure hunter, get-rich-quick schemer and outlaw is headed for California, just like the ‘old days’ in Central and South America, with the same result. Followed by the prostitution pimps and madams, Civil War veterans, drunk cowboys, patent medicine hawkers and every pickpocket east of the Mississippi.
Let that mixture simmer for a little while longer.
Then Thomas Edison invents the ‘Moving Picture’ camera and suddenly Hollywood becomes the Mecca for these same types to become RICH MOVIE STARS! Same types of people start to migrate en masse to the Land of Fruits and Nuts! Who says history doesn’t repeat itself?
Then the Great Depression hits and the Dust Bowl of the 1930’s causes great upheavals in the country’s central plains. Solution? MOVE TO California! and they did! In droves!
Then along comes WWII and the industrial might necessary to win the war drives even more folks to California’s factories and farms.
The war is won and the 50’s usher in the Atomic Age and the Age of Electronics blossoms in California’s deserts and nestled in it’s sagebrush covered hills.
Then the 1960’s Hippy Drugs and Sexual Revolution becomes the hallmark of a certain Californian city by the bay. It becomes the center for the most depraved of all the migratory human debris and remains so to this day.
And people wonder why California is what it is...................
They should be wondering why, if CA is so lefty, Deep State has to steal its elections.
For the same reason Communist dictators need lots of armed guards around them. To make SURE it stays that way........
I don’t think the defensive classes or striking martial arts work in real life situations. The early days of MMA already tested these questions and definitively proved that for lightly trained people, wrestling is the most effective martial art next to jiu-jitsu.
Now that the sport of MMA has become so refined and the athletes have become so highly trained you need ALL of the skills but we are not talking about our daughters training 4 hours a day to fight professionally.
A girl who trains a couple hours a week in a striking discipline has absolutely no chance against a fully grown man with no training at all.
A girl who wrestles in middle school and high school has about a 25% chance to get away from a full grown man with no training.
I would add to my last comment that a girl who trains a couple hours a week at jiu-jitsu has a 50% chance to break or dislocate a limb of an attacker.
“It’s not so much that he pinned her to the mat as it is with what he pinned her.”
You have never wrestled for competition that’s obvious.
The alleged assault was digital as in finger and it happens all the time in male on male wrestling it’s so common it has a name “oil checking” 90% of the time it’s completely accidental as the center pelvis is the pivot point to a lot of holds and pins.
She got oil checked and I assure you it was not her first time girl on girl if she was in the sport for any length of time a female accidentally checked her for sure. It is an illegal move if done on purpose butt pun intended its pretty easy to tell an innocent slip is instantly corrected an intentional move is prolonged and repetitive too.
It was a joke, you grutching mumblecrust.
Lawyers for girl alleging sexual assault by trans wrestler fire back at Washington officials in SCOTUS appeal
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