Trump Administration determines that Minnesota violated Title IX by allowing men's participation in women's sports

The Departments of Education (ED) and of Health and Human Services (HHS) of the United States have concluded that Minnesota has violated Title IX of the Education Amendments of 1972 by allowing biologically male transgender athletes to compete in women's sports.

This determination stems from a two-month investigation into state policies, prompted in large part by the case of a transgender softball pitcher who led her high school team to a state championship this year.

The investigation

The Administration of President Donald Trump identified specific violations at the Minnesota Department of Education (MDE) and the Minnesota State High School League (MSHSL). Involved in that lineup is Marissa Rothenberger, a junior at Champlin Park High School, who pitched five consecutive complete games at the state tournament, allowing just one clean run in 35 innings and striking out 27 female batters. Rothenberger capped the streak with a shutout in the Class 4A championship final, contributing to her team's 6-0 victory over Bloomington Jefferson.

The ED press release, also mentions other cases of trans athletes in women's sports such as alpine skiing, Nordic skiing, lacrosse, track and field and volleyball, arguing that these policies discriminate against female athletes by depriving them of fair opportunities.

The Trump administration maintains its stance of banning males from women's sports

Craig Trainor, acting undersecretary for Civil Rights at the Department of Education, criticized Minnesota's policies in the statement, "for too many years, Minnesota’s political leadership has found itself on the wrong side of justice, common sense, and the American people. Now the Minnesota Department of Education and the Minnesota State High School League find themselves on the wrong side of Title IX by allowing males to compete in women’s sports." 

Trainor also emphasized the Republican Administration's commitment, "The Trump Administration will not allow Minnesota or any other state to sacrifice the safety, fair treatment, and dignity of its female students to appease the false idols of radical gender ideology. Once an education program or entity takes federal funds, Title IX compliance becomes mandatory. And the federal government will hold Minnesota accountable until it recognizes that fact." 

10-Day Deadline and Conditions for Compliance

The ED and HHS have given Minnesota a 10-day deadline to modify its policies and comply with Title IX. If non-compliant, state agencies will be referred to the Department of Justice (DOJ) for possible legal action, similar to lawsuits already filed against education agencies in Maine and California over the same issue.

The terms of the settlement include:

Responses from state authorities and related lawsuits

Minnesota's Attorney General Keith Ellison has responded with a lawsuit of his own against the Trump Administration and DOJ for attempting to impose these policies to protect women's sports in the state. Concurrently, Rothenberger's case has spawned another lawsuit filed by three unnamed female athletes against Ellison, MSHSL Executive Director Erich Martens, Minnesota Department of Human Rights Commissioner Rebecca Lucero and Education Commissioner Willie Jett.

The lawsuit alleged Title IX violations for forcing players to compete against Rothenberger, who allegedly has unfair physical advantages. A federal judge dismissed it in early September.