Brown v. Washington Interscholastic Activities Association — Ninth Circuit denies emergency injunction over transgender-athlete notice policy

Case
Stephanie Lynne Brown, as mother, guardian, and next friend of minor K.M.K.; in her own capacity v. Washington Interscholastic Activities Association et al.
Court
U.S. Court of Appeals for the Ninth Circuit
Judge
Michael Daly Hawkins (Bill Clinton, 1994); William A. Fletcher (Bill Clinton, 1998); Salvador Mendoza Jr. (Joe Biden, 2022)
Date Decided
September 25, 2026
Docket No.
26-5488
Topics
Title IX; transgender athletes; preliminary injunction; student privacy
Source
Read the full opinion

Background

Stephanie Lynne Brown, on behalf of herself and her minor daughter K.M.K., challenged Washington state and Puyallup School District policies allowing student athletes to compete on teams consistent with their gender identity. K.M.K., a cisgender high-school student, had historically competed on her school’s girls’ junior-varsity wrestling team.

Brown and K.M.K. asserted due-process and Title IX claims. They sought a preliminary injunction requiring notice whenever K.M.K. was scheduled to compete against a transgender athlete and allowing her to opt out without adverse consequences. After the district court denied preliminary relief, they sought an emergency injunction pending appeal.

The Court’s Holding

The Ninth Circuit denied the emergency application. The panel held that plaintiffs had not shown an immediate emergency: although they sought relief by September 25, the wrestling season did not begin until mid-November. Their reference to the already-started soccer season did not establish standing because they had not alleged that K.M.K. would compete against a transgender soccer player.

On the merits, plaintiffs had not made the required strong showing that the district court abused its discretion in denying a preliminary injunction. Their due-process theory sought medical information about other children, a claimed right not established by the Supreme Court decisions they invoked. The panel also concluded that the requested relief was overbroad, implicated transgender students’ privacy interests, and would require a mandatory injunction without the necessary heightened showing. K.M.K. could forfeit matches against the two identified transgender wrestlers without District-imposed adverse consequences.

Key Takeaways

  • An emergency injunction requires a showing of immediate irreparable harm, not merely a future sports season.
  • The panel found no established due-process right for a parent to obtain other students’ medical information.
  • Requested preliminary relief must be tailored to the plaintiff’s asserted injury and account for other students’ privacy interests.

Why It Matters

The order leaves Washington’s participation policies in place while the appeal proceeds. It also underscores the demanding standard for mandatory, emergency appellate injunctions in disputes involving school athletics, student records, and transgender students’ privacy.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top