# Little v. Hecox *Case cited as pending by the Eighth Circuit in 2026, as recorded in the Minnesota record.* *Little v. Hecox*, No. 24-38, is a case that the United States Court of Appeals for the Eighth Circuit identified as pending in its opinion in [[Female Athletes United v. Ellison]], No. 25-2899, filed April 15, 2026.[^1] The panel cited it, together with *West Virginia v. B.P.J.*, No. 24-43, when it stated that whether [[Title IX]] permits transgender participation "remains an open question of law."[^1] The Minnesota record shows the case only through that citation. It does not contain filings, docket entries or a ruling in *Little v. Hecox*. It therefore does not establish the parties' claims, the procedural history or the case's status after April 15, 2026.[^1] ## Citation in Female Athletes United v. Ellison The Eighth Circuit panel of Judge Gruender, writing with Judges Erickson and Grasz, affirmed the district court's denial of a preliminary injunction sought by Female Athletes United (FAU).[^1] The court held that FAU had standing, because its member "Athlete 1" faced a scheduled game against the transgender athlete.[^1] It also held that Title IX supplies a private right of action only for intentional sex discrimination, applying [[Alexander v. Sandoval]], 532 U.S. 275 (2001), through [[Cannon v. University of Chicago]], 441 U.S. 677 (1979).[^1] The panel found that FAU's ineffective-accommodation and unequal-treatment claims "sound in disparate impact," and that no private right of action exists for such claims. At argument, FAU conceded: "we don't contest that there is no disparate impact claim under Title IX."[^1] The panel added that executive guidance and agency findings "do not reflect settled law." It cited *Little v. Hecox* and *West Virginia v. B.P.J.* as pending when it described transgender participation under Title IX as an open legal question.[^1] The source for this account corrects an earlier characterization drawn from the Minnesota Attorney General's press release. FAU lost on the private right of action, not on standing, which the panel affirmed.[^1] ## In the Minnesota record ### What - The Eighth Circuit opinion in *Female Athletes United v. Ellison* cites *Little v. Hecox*, No. 24-38, as pending on the question of whether Title IX permits transgender participation.[^1] ### When - The case was described as pending as of the opinion's filing date, April 15, 2026.[^1] ## See also - [[Female Athletes United v. Ellison]] - [[Cannon v. University of Chicago]] - [[Alexander v. Sandoval]] - [[Title IX]] ## Notes [^1]: United States Court of Appeals for the Eighth Circuit, *Female Athletes United v. Ellison*, No. 25-2899 (filed Apr. 15, 2026) (Gruender, J., with Erickson and Grasz) — affirmed the denial of a preliminary injunction; held that FAU had standing and that Title IX supplies a private right of action only for intentional sex discrimination; noted pending *Little v. Hecox*, No. 24-38, and *West Virginia v. B.P.J.*, No. 24-43. As recorded in *How Minnesota Got Here* (merged master, footnoted), validated passage [43] (8th Cir. opinion, fetched verbatim). No URL in pack.