The U.S. Department of Health and Human Services says it will investigate the Minnesota State High School League and the Minnesota Department of Education to determine if the state’s policy letting transgender students play on female sports teams constitutes sex discrimination.
It’s the latest in a series of lawsuits and actions from the Trump administration aimed at Minnesota laws and policies meant to protect trans athletes. Minnesota allows students to participate on teams that best align with their gender identity. Supporters of the policy say it’s worked for 10 years without incident.
Earlier this year, however, President Donald Trump used an executive order to ban transgender athletes from participating in women’s and girls’ sports nationally. Trump’s Education Department in February announced it would investigate the state’s policy.
Minnesota Attorney General Keith Ellison has argued that Minnesota’s human rights law lets transgender athletes compete in sports consistent with their gender identity and that state law supersedes Trump’s executive order. State lawmakers in March rejected an effort to ban transgender athletes from women’s sports.
Last month, a conservative advocacy group sued Ellison on behalf of three female softball players who say Minnesota’s policy allowing trans athletes to compete on sports teams that match their gender amounts to sex discrimination against female athletes and a violation of Title IX, the landmark gender equity law passed in 1972.
The Health and Human Services Department on Thursday said its civil rights office would investigate. “As a recipient of Federal funds, Title IX requires Minnesota to ensure fair and safe opportunities for females to compete on sex-segregated teams — regardless of state law obligations,” Paula Stannard, director of the agency’s civil rights unit, said in a statement.
Ellison in a statement called it a “sham” investigation with a “pre-ordained outcome” that amounts to bullying vulnerable children who only want to live their lives in peace and safety.”
Connecticut, Maine and California are also being investigated by federal offices for their inclusion of trans athletes on female sports teams.
