MSHSL under investigation by U.S. Department of Education due to transgender athlete policy
MINNEAPOLIS — The Department of Education announced Wednesday it is investigating the Minnesota State High School League for allowing transgender student-athletes to compete in sports consistent with their gender identity.
Last week, MSHSL said it would not be following an executive order signed by President Trump last week banning transgender girls and women from competing on sports teams that match their gender identity.
MSHSL said in a statement on Thursday that the Minnesota Human Rights Act and the Minnesota Constitution determine the participation and eligibility of transgender student-athletes. The Minnesota Human Rights Act prohibits discrimination of many kinds in many places — including education — based on protected class, such as sexual orientation and gender identity.
The MSHSL said it will "continue to review the existing state laws alongside the new Presidential Executive Order and its timeline, processes for states, and requirements that are included."
In addition to MSHSL, the United States Department of Education's Office for Civil Rights is launching a Title IX investigation into the California Interscholastic Federation.
"The League and its legal counsel are reviewing the recent communication and intend to fully cooperate with the investigation," the MSHSL said in a statement regarding the investigation.
The department claims both associations "publicly announced plans to violate federal antidiscrimination laws related to girls' and women's sports."
"State laws do not override federal antidiscrimination laws, and these entities and their member schools remain subject to Title IX and its implementing regulations," the Department of Education said in a statement about the investigations.
Minnesota House Republicans wrote a letter to MSHSL's director, Erich Martens, urging the league to reconsider its stance.
"This executive order intends to uphold fairness and maintain competitive integrity in school-based athletics, including those in Minnesota," Speaker of the House Rep. Lisa Demuth wrote. "By refusing to comply, we believe the MSHSL is jeopardizing equal opportunities for all athletes, particularly female athletes."
The order, titled "Keeping Men Out of Women's Sports," mandates that Title IX, the federal law banning sex discrimination in schools, be interpreted as prohibiting the participation of transgender girls and women in female sports. Schools that don't comply with the order risk losing federal funding and could face legal action.
The National Collegiate Athletic Association updated its participation policy after the order, saying it "provides a clear, national standard" and its board of governors is reviewing the mandate and "will take necessary steps to align NCAA policy in the coming days."
In December, NCAA President Charlie Baker said he was aware of "less than 10" transgender athletes among the more than half a million student-athletes governed by the NCAA.
Kaija Bjorkstrand is a transgender athlete in Minnesota who participates in competitive bowling.
"I've transitioned. My testosterone levels are that of a cis woman," she said. "The transgender sports issue is the most important, least important thing going on right now."
Mr. Trump has signed multiple other executive orders targeting transgender people: one asserting the federal government recognizes only two sexes — male and female — and that "these sexes are not changeable and are grounded in fundamental and incontrovertible reality," and another aiming to restrict transgender people from serving in the military.
The Trump administration previously made claims that it may dismantle the Department of Education. The department is estimated to allocate over $1.2 billion to Minnesota this year. If it closed, experts warn it would have significant impacts on the state.
