Hailey Bailey is seeking the dismissal of a lawsuit filed by her ex-husband Matt Kalil against an influencer over comments he made about the size of his penis.
In court documents obtained by Page Six, Bailey is asking the presiding judge to dismiss the invasion of privacy and unjust enrichment lawsuit against Khalil.
“Plaintiff’s complaint alleges civil liability against a woman in the public eye for providing a truthful autobiographical account of the sexual trauma she suffered that led to the end of her celebrity marriage to a well-known NFL football star,” court documents say.
In a court filing, Bailey, 33, explained how she appeared in a livestream interview with content creator Marlon Garcia in November 2025 and spoke “extensively and candidly” about her marriage to the former NFL player.
She described her relationship with Khalil, 36, as “a loving union, ultimately hampered by unfortunate physical incompatibility.”
“Far from belittling Plaintiff, Defendant repeatedly praised Plaintiff’s character and the quality of their marriage throughout the interview,” the court document continued. “She specifically described plaintiff as ‘the greatest man in the world.'”
The model further added that the divorce was due to “certain anatomical incompatibilities that made normal sexual relations impossible.”
Court documents later explain that the couple made “years of desperate efforts to overcome this physical barrier and save their marriage.”
She argued that Khalil’s lawsuit “ignores the major themes of the speech and instead seeks to isolate a narrow subset of plaintiffs’ statements about the size of their genitals, alleging that those statements were offensive, and treating those statements as if they constituted all of what was communicated.”
Ms Bailey argued that her comments were of public concern because “the choice to address through the modern public square reflects an intention to appeal to a broad public audience, a consideration that supports the findings of public concern”.
The influencer argued that courts have “long recognized that the romantic relationships of celebrities are not purely private matters, but fall within the realm of public interest. That principle applies with equal force to the partners of public figures whose relationship brings them into public interest.”
She further argued that Mr. Khalil is a private citizen, explaining that “even if he subsequently withdraws from public life, such events do not retroactively convert into a private fact.”
Bailey went on to say that the First Amendment “protects true autobiographical speech, descriptive speech.”
sexual trauma, public figures’ statements about relationships, etc. ”
“The motion to dismiss should be granted,” she demanded.
A judge has not yet ruled on Bailey’s request.
Kalil’s attorney, Ryan Saba of Rosen Saba LLP, told Page Six, “Hailey Kalil’s motion to dismiss is based on the allegations that she unfairly exposed private and intimate details about Matt Kalil, resulting in widespread ridicule and unwanted attention. “We do not dispute the fact that it was collected. This motion completely misses the point that spouses do not have the right to divulge private and confidential marital and sexual details for commercial purposes. We expect the motion to be dismissed in its entirety.”
In a November 2025 Twitch stream, Bayley claimed that their 2022 divorce was because of Khalil’s penis size.
“We were trying to make it[our marriage]work,” she told the streamer.
“It’s crap… It’s crap for our whole marriage,” Bailey added. “But I was willing to try everything. I tried all the therapists, I tried all the doctors. I’m not going to lie…I looked up the lipotype ST…so it’s kind of funny. My life is like a comedy, it kind of writes itself. That was the biggest factor.”
The model compared the size of Khalil’s penis to “two Coke cans stacked on top of each other, maybe a third.”
She concluded: “We tried, but it’s not possible unless you shed a tear.”
Khalil responded to his ex-wife’s claims in a lawsuit filed earlier this month.
In a court filing obtained by Page Six, he claimed that her “degrading and highly personal comments” caused “unwanted public attention and invasive comments.”
The former Minnesota Vikings player claimed that his wife, Keilani Asmus, received “disturbing” and “alarming” messages after the comments were made.
“Defendant shared sensitive personal information about Plaintiff for the entertainment of her viewers and for her own financial benefit, even though Plaintiff reasonably expected it to remain private,” the complaint states. “Defendant’s choice to discuss such a personal matter that is not of legitimate public concern was extreme, outrageous, and beyond the bounds of common sense.”
He claims he has suffered “severe emotional distress, humiliation, reputational damage and emotional distress” and is seeking $75,000 in damages.
Khalil and Bailey married in 2015 and divorced in 2022.
