NXXT Golf Files Motion To Dismiss Hailey Davidson Lawsuit Over Female-Only Policy
The trans-identifying male golfer sued over NXXT’s female-only policy in December.
The legal battle between trans-identifying male golfer Hailey Davidson and the women's tour NXXT Golf just escalated.
After Davidson filed a lawsuit in December challenging NXXT's decision to restrict competition to biological females, the tour — represented by America First Legal — has now filed a motion to dismiss the case.
"We are asking the courts to dismiss the claims, and we're addressing the matter," NXXT Golf CEO Stuart McKinnon told Fox News Digital.
"This was about simply protecting women's sports. So the goal was really clarity and competitive integrity, and, as a professional tour, we believe it was our responsibility to define those categories."
Hailey Davidson sued NXXT after the organization changed its policies to limit participation in women's events to biological females only.
(OutKick/MattReigle)
According to McKinnon, he attempted to work with Davidson to find a compromise before implementing the policy change.
"I had a talk with Davidson. And at that time, prior to the change, I had offered Davidson the opportunity to play in an open division," McKinnon said. "And in that open division, I had offered Hailey Davidson to play in that open division and even a management position in that open division, and we would allow Davidson to play for free."
McKinnon said the trans athlete rejected the offer.
A Player Poll Influenced NXXT's Decision
McKinnon says the policy shift came after an anonymous survey of the tour's female players.
"We did an anonymous player poll, which we had a high response rate within a very short period of time. Within two or three days, we had 80% plus response rate, and it was clear that the players, you know, were speaking, that they felt the policy change was in order," McKinnon said.
"The theme was that it was unfair, and they wanted us to address our policies."
Davidson's lawsuit argues that NXXT breached contractual obligations and wrongfully excluded the golfer with the policy change.
"Defendants breached the Contracts by implementing the Policy Change that resulted in Ms. Davidson being prohibited from participating in the entirety of the NXXT Winter Series; failing to allow Ms. Davidson to compete in any NXXT Winter Series tournaments after the Policy Change; retaining Ms. Davidson's annual NXXT Golf membership fees and entry fees for NXXT Winter Series tournaments; and not awarding Ms. Davidson the Epson Exemptions she had earned," the lawsuit stated.
NXXT Moves To Dismiss Hailey Davidson's Lawsuit
In its motion to dismiss, America First Legal said Davidson "fails to allege any viable claim against NXXT Golf."
"NXXT Women’s Pro Tour was founded to create more opportunities for female golfers, and that requires clear, consistent standards in women’s competition," McKinnon said in a statement.
"We listened closely to our players, and our eligibility standards are objective and designed to protect competitive integrity and the meaningful opportunities women have earned through years of dedication. This policy is not about any one individual; it reflects our responsibility to provide a level playing field and to operate a Tour that female athletes, fans, and partners can trust."
Nick Barry, Senior Counsel at America First Legal, added: "Women’s sports exist for a reason. This lawsuit is an attempt to punish NXXT Golf for acknowledging those reasons. NXXT Golf stood up for fairness and safety, and now they are being dragged into court for doing the right thing. AFL is proud to defend NXXT and will fight to ensure female athletes do not lose opportunities to ideological bullying."
NXXT is not the only professional golf organization to adopt such a policy. In December 2024, both the LPGA Tour and the United States Golf Association (USGA) updated their gender policies to require that competitors in elite women's events be "assigned female at birth" or have transitioned prior to puberty.