Just days after Supreme Court Justice Ketanji Brown Jackson appeared in a "queer" Broadway spinoff of "Romeo and Juliet," critics are questioning whether her involvement could compromise her impartiality as the court considers a landmark case about banning transgender surgical procedures for minors.

"I think it's a huge mistake for federal judges, especially Supreme Court justices, to engage in activities that clearly put the stamp of approval on an ideological position regarding issues that could come before the court, which is practically the definition of a threat to their impartiality, the appearance of impropriety," Heritage Foundation senior legal counsel Thomas Jipping told Fox News Digital in an interview. 

"It's unusual for judges to do this sort of thing under any circumstances. But I suppose if this was ‘Romeo and Juliet,’ if this was some recognized, established classic or something, it might be different. But this is obviously an advocacy production, so for a Supreme Court justice to participate in advocacy on an issue that is currently in the courts, and at least broadly speaking, before her, I think it's a huge mistake," he said.

LIBERAL SUPREME COURT JUSTICE MAKES ‘CRINGE’ CAMEO PERFORMANCE ON BROADWAY

The musical, called "& Juliet," features prominent LGBTQ+ themes and nonbinary characters. The musical begins where Shakespeare's original ends. Instead of dying by suicide for love, Juliet chooses to forge her own path, challenging traditional gender roles. On its website, "& Juliet" is described as a "hilarious new musical" that "flips the script on the greatest love story ever told."

Juliet's best friend, May, is a nonbinary character whose queer relationship is prominently featured and explored throughout the musical.

Jackson joined the Broadway cast, which includes TikTok star Charli D’Amelio and other Broadway performers, for a one-time performance at New York’s Stephen Sondheim Theatre on Saturday night, becoming the first Supreme Court justice to perform on Broadway.

"& Juliet" was written by David West Read, best known for his work as a writer and producer on the TV show "Schitt’s Creek." The musical premiered in November 2019, at the Shaftesbury Theatre in London's West End. Its Broadway debut followed in November 2022, at the Stephen Sondheim Theatre in New York City.

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Liberals have criticized several conservative Supreme Court justices in recent years over ethical concerns, fueling calls for stricter oversight. 

Justice Clarence Thomas has faced scrutiny over his wife’s political activism. Justice Samuel Alito has been criticized for failing to disclose luxury trips funded by wealthy donors with business before the court, while Justice Amy Coney Barrett has drawn attention for her ties to religious groups and their potential influence on cases involving LGBTQ+ issues and abortion. Justice Brett Kavanaugh has also faced criticism over his confirmation process and past financial disclosures.

"For two, three years now, liberals have been complaining about actions by Supreme Court justices that they say undermine the public's confidence in the impartiality of the judiciary," Jipping said. "Liberals in Congress want an enforceable code of conduct. I wonder what they say about this."

"Participating in an advocacy, in an exercise of advocacy, for a position on issues that come before the Supreme Court is an egregious violation of that principle in the code of conduct regarding impartiality. I don't think there's any question about that," he said.

Jackson wore jeans and an all-blue costume with a corset and a flowery hat. In one clip of the performance posted by the production's social media account, her character excitedly exclaims, "Female empowerment, sick!," and in another, she sings the Backstreet Boys’ "Show Me the Meaning of Being Lonely."

The "& Juliet" marketing team said in an Instagram post announcing the cameo that Jackson’s performance fulfilled a lifelong fantasy of her "becoming the first Black, female Supreme Court justice to appear on a Broadway stage."

'THE PENDULUM IS SWINGING': EXPERTS WEIGH IN ON HISTORIC SCOTUS TRANSGENDER CASE AMID ORAL ARGUMENTS

"She should stay on her side of the bench, and judges should protect their impartiality and the appearance of impartiality more, not less. And this, this was really reckless, in my view," Jipping added.

This isn’t the first time a Supreme Court justice has stepped into the spotlight of the performing arts. In 1994, Justices Antonin Scalia and Ruth Bader Ginsburg appeared as supernumeraries – non-speaking, background roles – in a Washington National Opera production of "Ariadne auf Naxos." 

The two, known for their ideological differences but close personal friendship, shared a love of opera.

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Earlier this month, SCOTUS heard oral arguments in the U.S. v. Skrmetti case. The court's decision could have sweeping implications, potentially shaping future legal battles over transgender issues, such as access to bathrooms and school sports participation. The court will resume arguments in January and a decision is expected by July 2025.

The Supreme Court's press office did not respond to Fox News Digital's request by press deadline.

Fox News Digital's Peter Pinedo contributed to this report.

Liberal Supreme Court Justice Ketanji Brown Jackson is receiving mixed reviews after making a surprise cameo performance as "Queen Mab" in the Broadway musical "& Juliet." 

While some social media users called Jackson’s performance "humanizing," others called it "cringe," "embarrassing" and unbefitting for a sitting member of the nation’s highest court.

Written by contemporary playwright David West Read, "& Juliet" is a modern retelling of Shakespeare’s "Romeo and Juliet" that explores an alternate scenario when Juliet does not commit suicide and instead explores life as an independent young woman. The musical includes a character named May, who is Juliet’s best friend and identifies as nonbinary.

Jackson joined a cast, which includes TikTok star Charli D’Amelio and other Broadway performers, for a one-time performance at New York’s Stephen Sondheim Theatre on Saturday night, becoming the first Supreme Court justice to perform on Broadway.

KETANJI BROWN JACKSON, BIDEN'S SUPREME COURT PICK, REFUSES TO DEFINE THE WORD 'WOMAN'

She wore jeans and an all-blue costume with a corset and a flowery hat. In one clip of the performance, her character excitedly exclaims, "Female empowerment, sick!," and in another, she sings the Backstreet Boys’ "Show Me the Meaning of Being Lonely."

The "& Juliet" marketing team said in an Instagram post announcing the cameo that Jackson’s performance fulfilled a lifelong fantasy of her "becoming the first Black, female Supreme Court justice to appear on a Broadway stage."

However, her decision to take the stage was not well received by many members of the public. 

Conservative influencer Arynne Wexler reacted on X, saying, "Justice Ketanji Brown Jackson not only appeared in a Broadway show The show is a ‘queer musical knockoff’ of Romeo and Juliet. Of course Max cringe, max DEI." 

"This is a sitting SCOTUS Justice. A lifetime appointment," reacted conservative influencer account Gunther Eagleman. "I’m at a loss for words." 

LEFT-LEANING JUSTICES COMPARE SEX CHANGES FOR KIDS TO TAKING ASPIRIN DURING SCOTUS ARGUMENTS

Conservative commentator Liz Wheeler said "Supreme Court Justice Ketanji Brown Jackson performs in the Broadway show ‘& Juliet’ which is a ‘queer’ rendition of Romeo & Juliet … So no, when Ketanji Brown Jackson refused to define ‘what is a woman’ during her Senate confirmation hearing, she wasn’t being a brilliant legal mind. She was, and is, a radical leftist DEI hire propagating harmful, Neo-Marxist, anti-woman transgender ideology."

"I'd rather our country not be run by the weird theater kids," influencer Colin Rugg reacted. 

"This is so embarrassing," posted LibsofTikTok.

Meanwhile, Elon Musk jokingly suggested Jackson "should sing her verdicts." 

DEMOCRATS ATTACK CONSERVATIVE SUPREME COURT JUSTICES BUT HAVE LONG IGNORED LIBERAL JUSTICES' ETHICAL ISSUES

Jackson’s performance was not universally mocked, however. Former New York Congressman George Santos reacted by saying, "I love this! Humanizing the one part of the government that’s never been humanized! Good on this partnership!"

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Former Kamala Harris campaign writer Victor Shi called the performance "the most epic video I've watched in so long." 

"Justice Ketanji Brown Jackson performed on Broadway, while some of her Republican colleagues would’ve spent this time flying with billionaires," he went on. "So cool. So refreshing. Justice Jackson is the best."

Jackson has been a consistent liberal vote on the Supreme Court since she was appointed by President Biden in 2022. 

The GOP-controlled House of Representatives passed its annual defense spending bill Wednesday, including a key culture-war caveat: a ban on transgender medical treatments for minor children of U.S. service members.

The provision in the 1,800-page bill states that "medical interventions for the treatment of gender dysphoria that could result in sterilization may not be provided to a child under the age of 18," referring to the transgender children of military personnel. 

Republicans argued that taxpayer dollars should not fund potentially experimental and harmful procedures for minors.

House Speaker Rep. Mike Johnson, R-La., praised the passage of the defense measure, though it now heads to the Senate for approval in the Democrat-run chamber.

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"Our men and women in uniform should know their first obligation is protecting our nation, not woke ideology," Johnson said in a statement after the measure passed.

While the provision was a win for Republicans that could further push President-Elect Donald Trump's policy agenda, the measure did not incorporate several other Republican-backed provisions related to social issues. Notably absent were efforts to ban TRICARE, the military's health program, from covering transgender treatments for adults and a proposal to overturn the Pentagon's hotly-debated policy of reimbursing travel expenses for service members seeking abortions stationed in states where the procedure is restricted.

Democrats were largely outraged by the provision to strip TRICARE from service members' transgender children, with the House Armed Services Committee’s top Democrat, Rep. Adam Smith, vowing to vote against the bill on Tuesday despite helping on other portions of the package. Meanwhile, House Minority Leader Rep. Hakeem Jeffries, D-N.Y., did not advise his party members to vote for or against it.

124 DEMS OPPOSE HISTORICALLY BIPARTISAN DEFENSE BILL OVER RESTRICTIONS ON TRANSGENDER TREATMENTS FOR MINORS

The measure also drew the ire of the United Nations' Human Rights Council (HRC), which called it an "attack" on military families.

"This cruel and hateful bill suddenly strips away access to medical care for families that members of our armed forces are counting on, and it could force service members to choose between staying in the military or providing health care for their children," HRC President Kelley Robinson said in a statement.

The Senate's response to the transgender treatment provision will be pivotal in determining the final content of the defense policy for the upcoming fiscal year. If it passes, it would align with Trump's criticisms of the military's "woke" policies. 

The Supreme Court also heard oral arguments last week for a first-of-its-kind case involving Tennessee's ban on transgender medical procedures for minors, which could place further restrictions on the procedures.

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The $884 billion National Defense Authorization Act, which sets policies for the Defense Department, was passed in a 281-140 vote, with 124 Democrats and 16 Republicans voting against it. 

Other provisions also place limits on diversity, equity and inclusion-based recruitment and the teaching of critical race theory in military-run schools. Other policies include a 14.5% pay boost for junior enlisted troops, expanded child care access and enhanced job assistance for military spouses, reflecting a year of bipartisan focus on addressing record recruitment struggles.

Fox News Digital's Elizabeth Elkind contributed to this report.

In oral aruments, Supreme Court justices discussed the high-profile, first-of-its-kind case involving transgender medical treatment for children. 

Tennessee Attorney General Jonathan Skrmetti, the lawmaker at the center of the suit against the Biden administration, told Fox News Digital that over the next few months, the justices will be "thinking a lot about the case." 

When asked whether he ever foresaw himself in such a high-profile legal matter, he said, "not remotely."

"I do think the fact that there's so much disagreement weighs in favor of our side," Skrmetti said in a phone interview. "This is an area where the court really shouldn't come in and pick a winner. The data is still very underdeveloped."

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"All the research that both sides point to is unresolved," Skrmetti said. "This is an unsettled area of science, and in situations like that, the best way to resolve it is through the democratic process. Our legislators appropriate people to deal with that uncertainty and make the call for each individual state."

The justices appeared divided on Wednesday after oral arguments, and the three appointed by former President Trump could be the key to deciding the socially divisive question. Justices Brett Kavanaugh and Amy Coney Barrett asked tough questions of both sides, and Justice Neil Gorsuch did not speak during the marathon public session.

For its part, the Supreme Court is considering whether the Equal Protection Clause, which ensures equal treatment under the law for similarly situated individuals, bars states from prohibiting medical providers from administering puberty blockers and hormones to help minors transition to a different gender. The case is U.S. v. Skrmetti and is challenging Tennessee's state law which bans medical procedures for minors.

Outside the court, hundreds of demonstrators rallied both for and against gender transition treatments for children. One of those rally-goers, detransitioner and activist Chloe Cole, told Fox News Digital in an interview that if the justices oppose the ban on trans medical treatments, "it's going to make things a lot more difficult on legislative fronts in terms of protecting our children and our youth."

'THE PENDULUM IS SWINGING': EXPERTS WEIGH IN ON HISTORIC SCOTUS TRANSGENDER CASE AMID ORAL ARGUMENTS

"If we want to create a precedent for other states, for first this law, to be upheld in courts and for other states to be upheld as well, we have to do this now," Cole said.

Cole, who detransitioned at the age of 16, told Fox News Digital that doctors had done an "incredible disservice" to her at a young age by helping her transition in the first place.

"I'm never going to even have a chance at nursing my children with what God gave me," Cole said. "An incredible disservice has been done to me by these irresponsible doctors who knew better. They knew better than to do this to a child. They still chose to do it. But they messed with the wrong kid, and I am going to make sure there is never another child in America who is abused in the same way I was ever again."

The court's decision could have sweeping implications, potentially shaping future legal battles over transgender issues, such as access to bathrooms and school sports participation. A decision is expected by July 2025.

"So if the court puts a thumb on the scale and says that the courts could be second-guessing state governments on these issues, I think you're going to see an inhibited debate, and we've seen this happen before in other contexts where democracy is subverted by judges who step a little too far into the policy arena, and that ultimately hurts the country," Skrmetti said. 

"It de-legitimates the government," he added. "It makes people feel alienated from the political process. The alternative is it stays open to our democratic system of resolving disagreements, and you'll see a lot of debate, and different states will go in different directions, and over time, we'll have better research, and people will have a chance to debate this extensively, and that's just the better way to come to a resolution on such a hot button issue where the Constitution is silent."

The Justices' decision may also influence broader debates about whether sexual orientation and gender identity qualify as protected classes under civil rights laws, akin to protections for race and national origin.

SUPREME COURT WEIGHS TRANSGENDER YOUTH TREATMENTS IN LANDMARK CASE

When asked whether Skrmetti believes the incoming Trump administration could persuade the justices one way in the case, he said, "It's ultimately up to the court how they want to handle that." Trump promised during his campaign he would outlaw transgender medical procedures for minors and open the doorway to allowing individuals to sue medical providers for conducting them.

"But there is a path there for them to continue this, and I think it's important that we get clarity soon, because there are so many cases involving these issues, and the lower courts have not been consistent and are looking for guidance, and it would do everyone good to have a more clear answer to the state of the law," he said.

Fox News Digital's Shannon Bream and Bill Mears contributed to this report. 

The Supreme Court (SCOTUS) began hearing oral arguments for the high-profile case involving Tennessee's ban on transgender medical procedures for minors on Wednesday, and one expert is saying the historic case shows "the pendulum is swinging." 

The case, U.S. v. Skrmetti, will decide whether Tennessee's ban on transgender medical procedures is constitutional and could impact whether states will enact more bans and allow individuals to sue medical providers. 

"I think you're finding more of these people willing and certainly wanting to sue the pharmaceutical companies, as well as the doctors who prescribe medication or did the surgery," Mat Staver, chairman of nonprofit legal group Liberty Counsel, told Fox News Digital in an interview. 

SUPREME COURT TO WEIGH STATE BAN ON TRANSGENDER 'MEDICAL TREATMENTS' FOR MINORS

"So I think that the pendulum is swinging," said Staver, whose legal group filed an amicus brief in support of Tennessee Attorney General Jonathan Skrmetti. "So even no matter what the Supreme Court does, I think the lawsuits will ultimately be the death mill of this kind of intervention."

As oral arguments commenced Wednesday morning, supporters and opponents of gender transition treatments gathered outside the SCOTUS building holding transgender Pride flags and "Kids' Health Matters." Over the course of more than two hours, the justices listened to each side present their arguments and asked questions.

The court's ruling could affect other current legal fights over transgender rights, including bathroom access and participation in scholastic sports. It could also serve as a legal template for future disputes involving the LGBTQ community and whether sexual orientation is a "protected class" that deserves the same rights that involve a person's race and national origin.

Staver said appellate courts have consistently upheld state bans on gender-affirming care for minors, though some lower court rulings have been overturned on appeal. He predicts the Supreme Court will likely follow this trend, framing the issue as one of regulating medical procedures rather than a question of constitutional protection. 

"I think it's really a question of whether or not this rises to a level of constitutional protection, which I don't think it does," Staver said.

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The Biden administration joined the lawsuit by filing a petition to the Supreme Court in November 2023. The Department of Justice argued that the Tennessee law, which limits access to puberty blockers and hormone therapies for transgender minors, violates the Equal Protection Clause of the 14th Amendment. This clause requires equal treatment of individuals in similar circumstances under the law.

"It is no surprise to my mind that this is something I believe the Biden administration would love to hang its hat on as a victory for so-called transgender rights," Heritage Foundation senior legal fellow Sarah Perry told Fox News Digital. 

The administration's petition emphasized the "urgent need" for Supreme Court review, citing the impact on families who risk losing essential medical care. The DOJ also highlighted the broader implications of similar laws in other states, arguing that the bans disproportionately target transgender youth while permitting similar treatment for non-transgender minors.

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"But I will say this is going to present a very interesting potential, about FACE [The Freedom of Access to Clinic Entrances Act] with the incoming Trump administration, they have made very clear during the campaign that they want to restrict these procedures for minors," Perry said.

"So the Department of Justice under President Trump has an opportunity to reverse course, to file a motion to dismiss, voluntarily dismiss the case, and then it presents an interesting question: what do the justices do?" she added.

The case comes as transgender issues have become a hotly debated topic in the country's culture wars. Several large medical groups, including the American Medical Association, American Academy of Pediatrics, American Psychological Association and American Academy of Child and Adolescent Psychiatry, all endorse transgender medical procedures for children. 

Meanwhile, more than 26 states have either restricted or passed laws banning them.

Tennessee Attorney General Jonathan Skrmetti told reporters after the arguments, "The Constitution allows the states to protect kids from unproven, life-altering procedures based on uncertain science."

A ruling is expected by July 2025.

Fox News' Shannon Bream and Bill Mears contributed to this report.

Martina Navratilova has long been outspoken about transgender athletes in girls' and women's sports.

In a new post on X, the tennis legend said she was "mad" that Republicans have tackled the nationwide controversy, rather than Democrats, the party which she has aligned with.

Navratilova shared a photo of Congresswoman Nancy Mace, R-S.C., with members of Gays Against Groomers, holding up a shirt that read "Save Girls' Sports."

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"And I am so mad that the Republicans captured this issue – shame on all the elected Democrats who keep silent on this!!! #whataboutthewomen," she wrote on X.

This is not the first time Navratilova has ripped the left for their different views on the issue. The tennis legend appeared at the Independent Women's Forum's "Take Back Title IX" rally in June as she and other prominent women athletes pushed back on the Biden administration’s Title IX rewrite.

Navratilova said that she and her fellow Democrats tried to make the playing field fair for transgender athletes to compete in women’s sports. However, when she did more research, she determined it was an impossible task.

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"Initially, being the Democrats and the women that we are for the most part, we in this group were trying to find every single possible way to include trans-identified men, males who identify as women, into women’s sports," she said. "And the more we try to find a way to mitigate the advantage, to handicap, to somehow to include, the more we figured out it’s not possible. It’s not possible to do it in a fair way and here we are in a much different position.

"As I got deeper into the issue, I also saw the connection between women’s sex-based spaces and women’s sports – they are totally interconnected, and I’m sure the swimmers at Penn could tell you all about that. You heard about Lia Thomas, right?"

"Now, it’s, ‘Oh, you’re a homophobe.’ Go figure. I’ve been out since ’81, yeah, I’m a homophobe," she said, rolling her eyes. "‘You’re a bigot, you’re a transphobe, you’re a Nazi, you’re a fascist, you’re a communist,’ everything and everything in between. And this is coming from the left. I am the left! My people are turning on me. They’re turning on us, women, who speak up for women’s sex-based rights."

Navratilova recently called Italian sprinter Valentina Petrillo, who competed in the Paralympics as a trans woman, a "pathetic cheater." In March, she made a plea to "keep women's sports female."

Fox News' Ryan Gaydos contributed to this report.

Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.

As President-elect Trump prepares to assume office in January, his administration has reportedly indicated plans to implement certain policy changes that would affect transgender individuals across various sectors.

But Trump's campaign spokesperson and incoming White House press secretary, Karoline Leavitt, said Wednesday "no decisions on this issue have been made," when asked if Trump would discharge transgender military personnel after international reports this week claimed that he would.

"These unnamed sources are speculating and have no idea what they are actually talking about. No policy should ever be deemed official unless it comes directly from President Trump or his authorized spokespeople," Leavitt told Fox News Digital in a statement. 

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SPARTA Pride, a nonprofit organization advocating for transgender military personnel, told Military.com this week there are approximately 15,000 transgender personnel stationed around the world, including in combat zones.

During Trump's first term, he announced via Twitter in July 2017 that the U.S. would no longer allow transgender individuals to serve "in any capacity." Previously, the Obama administration allowed transgender individuals to serve openly in the military and get taxpayer-funded gender-affirming treatments while serving.

Trump cited "tremendous medical costs and disruption" after announcing the rollback of the policy. After legal challenges, a revised policy was implemented in 2018 that only prohibited individuals diagnosed with gender dysphoria from serving, unless they had not undergone a sex change and were "stable in their biological sex."

In January 2019, as legal challenges mounted, the Supreme Court allowed the ban to stand. By the time President Biden took office, he reversed the Trump-era restrictions.

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Throughout Trump's presidential campaign this election cycle, he also indicated certain changes would be made to so-called gender-affirming care for minors, too. 

In a video posted to Truth Social in February 2023, Trump said his plan "to stop the chemical, physical and emotional mutilation of our youth" would involve issuing an executive order directing all federal agencies to halt any programs that support or promote sex changes at any age.

"I will then ask Congress to permanently stop federal taxpayer dollars from being used to promote or pay for these procedures and pass a law prohibiting child sexual mutilation in all 50 states," Trump said in the video.

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Trump's stance on transgender issues also became front and center on the last leg of his campaign when his team aired an ad targeting biological males in womens' sports. The ad focused on men in women's sports and Vice President Kamala Harris' track record of ushering in sex change procedures for incarcerated people in California.

"Kamala is for they/them, President Trump is for you," the narrator of Trump's campaign ad said. Experts say the TV spot had a substantial influence on swing voters.

FIRST ON FOX: Conservative watchdog group, America First Legal (AFL) launched a new initiative Thursday to help parents protect their children from what it describes as "woke leftist teachings in K-12 schools, colleges, and universities."

"For the past four years, public schools have been indoctrinating children with radical racist, antisemitic, and transgender ideologies," Ian Prior, AFL's senior advisor said in a statement. "As these schools have blatantly violated civil rights law, the Biden Administration worked hand in glove to federalize the illegal practices. That ends in 2025, as the incoming administration has made clear that it will crack down on these woke schools that abuse their federal funds to implement insane ideologies that hurt children." 

The newly unveiled "Parents’ Rights Toolkit" provides resources and guidance for families looking to challenge policies they believe are discriminatory or harmful, including those that involve race and gender issues, AFL said in a news release.

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The toolkit offers template letters to help parents file complaints with the Department of Education’s Office for Civil Rights, addressing potential violations of civil rights protections under Title IX, Title VI, and the Protection of Pupil Rights Amendment (PPRA). 

AFL, which was founded by Stephen Miller and other former Trump administration officials, intends for the toolkit to also serve as a roadmap for action for the incoming Trump administration.

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"AFL’s toolkit was created to help parents speak up for civil rights," AFL's news release said. "Now is the time for them to do — these claims will provide the incoming Trump administration with a critical roadmap for ending woke indoctrination and discrimination in our schools and colleges."

The toolkit comes amid a conservative wave of pushback against DEI policies. At a House Oversight Committee hearing on Wednesday, the "Dismantle DEI Act" was under discussion, a session during which Rep. Jasmine Crockett, D-Texas, expressed her frustration.

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She concluded her remarks by claiming "companies with more diverse workforces are more likely to outperform their competitors." 

"Diversity works, and until you can show me data that says otherwise, I think that we need to go back to being a country that listens to experts and gets out of our feelings and recognizes again that racism is real in this country, and until we stop pretending that it's not, we will not solve the problems that we are consistently facing. And that will bring real unity that we seek when we're looking for a more perfect union," she said. 

Fox News Digital's Alexander Hall contributed to this report. 

EXCLUSIVE: Two high school cross-country runners and their families are suing a California school district, alleging their "Save Girls Sports" T-shirts were likened to a swastika.

Plaintiffs Kaitlyn and Taylor, two athletes at Martin Luther King High School in ninth and eleventh grade, respectively, wore T-shirts bearing the messages "Save Girls’ Sports" and "It’s Common Sense. XX ≠ XY." 

The girls wore the shirts after a transgender athlete, who didn’t consistently attend practices or meet key varsity eligibility requirements, was placed on the varsity team, displacing Taylor from her spot, the complaint alleged.

"My initial reaction was like, I was really surprised, because it was like, why is this happening to me?" Taylor told Fox News Digital. "There's a transgender student on the team. Why am I getting displaced when I worked so hard and gone to all of the practices, and this student has only attended a few of the practices."

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Athletic department school officials allegedly forced the students to remove or conceal the shirts, claiming they created a "hostile" environment and comparing wearing these shirts to wearing a swastika in front of Jewish students.

"It was definitely hard to hear because we're by no means trying to be hateful," Kaitlyn told Fox News Digital. "We're just wearing a shirt that expresses what we believe in trying to raise awareness to a situation."

The transgender athlete, however, has been allegedly allowed to wear "trans pride" bracelets, and the school allows other forms of social messaging around campus, including a LGBTQ pride flag, the complaint noted.

"The biological male transgender athlete who displaced T.S. on the girls’ varsity team had recently transferred from another local high school after breaking that school’s all-time cross-country record for the girls’ cross-country team," the complaint said.

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"T.S., who had held a position on the girls’ Varsity Top 7 since August 2024 was removed from the girls’ Varsity Top 7 to make room on the girls’ Varsity Top 7 for an eleventh-grade transgender student and T.S. was relegated to the junior varsity team for one of the most important meets of the season for college recruitment," the complaint said.

According to the girls' Advocates for Faith and Freedom attorney, Julianne Fleischer, the lawsuit claims there were violations of their First and Fourteenth Amendment rights and their Title IX protections.

In October, according to the complaint, the district’s Title IX coordinator, Bethany Scott, informed Taylor's mother of a formal investigation into her complaint. Scott also conveyed that Taylor would not be disadvantaged by running on the junior varsity team at a key upcoming cross-country meet, but her mother argued it would harm her chances of being noticed by college scouts. By Nov. 1, after follow-ups, the district reclassified the Title IX complaint as a confidential personnel matter, claiming it did not meet the criteria for sex-based discrimination.

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Typically, multiple factors, beyond race times, are considered for varsity selection on the cross-country team They complaint alleges that Taylor's dedication and hard work were overlooked, and the school district failed to provide a clear explanation, forming the basis of the Title IX complaint, Fleisher said.

"We're seeing more and more women and young girls speak up and challenge these policies that are allowing biological boys to join and participate in these sports," Fleischer told Fox News Digital. "And so there's lawsuits that are popping up all around the country. We're hopeful that even with the incoming administration and Congress that we're going to see real positive change to Title IX that actually upholds and safeguards the rights of women to participate in their sports and to be safe and to be able to compete amongst one another."

Under the Biden-Harris administration, Title IX was amended to include discrimination against gender identity and sexual orientation. The Supreme Court ruled against one of Biden's requests in August that would have permitted biological men in women’s bathrooms, locker rooms and dorms in 10 states where there are state-level and local-level rules in place to prevent it. 

On the campaign trail, President-elect Donald Trump said he would roll back Biden-Harris policies on gender treatments for minors and protect women in sports.

Fox News Digital has reached out to the Riverside Unified School District and Martin Luther King High School for comment.