Minnesota files preemptive lawsuit against Trump on transgender sports ban
ST. PAUL, Minnesota — Democratic Minnesota Attorney General Keith Ellison filed a preemptive lawsuit Tuesday against Republican President Donald Trump seeking to block his administration from acting against Minnesota in the way it's taking on Maine under a federal push to ban transgender athletes from girls and women's sports.
'Minnesota brings this lawsuit to stop President Trump and his administration from bullying vulnerable children in this state,' Ellison said at a news conference, quoting the opening line from the lawsuit naming Trump and his attorney general, Pam Bondi.
When Bondi announced the administration's lawsuit against Maine last week, she warned that Minnesota and California could be next. The administration's lawsuit followed weeks of feuding between Trump and Democratic Gov. Janet Mill of Maine that led to a clash at the White House when she told Trump, 'We'll see you in court.'
With this case, Ellison is trying to beat Trump and Bondi to the courthouse.
The federal lawsuit asks the court to declare Trump's two executive orders on the matter — and letters that the Justice Department has sent to Minnesota threatening to cut off education funding if the state doesn't comply — unconstitutional and bar their enforcement. Ellison told reporters that the orders violate the constitutional separation of powers by usurping Congress' authority to legislate. He said the orders also violate the federal law known as Title IX, which prohibits sex-based discrimination in education programs and activities that receive federal funds.
The Minnesota Human Rights Act has protected transgender rights since 1993, and Democratic Gov. Tim Walz signed legislation in 2023 making the state a refuge for transgender children coming from other states for gender-affirming care. Ellison issued a formal legal opinion in February that said the state's human rights protections supersede Trump's executive order on sports, and the attorney general said his guidance is legally binding in Minnesota unless a court rules otherwise.
'Trump's burning desire to destroy trans kids and punish us for helping them live and thrive isn't just a violation of law, it's a violation of Minnesota values,' Ellison said. 'And we're not going to sell out trans kids or any vulnerable community just to stay in the good graces of a lawless administration.'
The White House and Department of Justice did not immediately respond to requests for comment on the lawsuit.
But the top Republican in state government, House Speaker Lisa Demuth, of Cold Spring, backed Trump's position.
'It's extremely disappointing that Attorney General Ellison would rather risk federal funding and file yet another taxpayer-funded lawsuit against the Trump administration than simply do the right thing and keep boys out of girls sports,' Demuth said in a statement. 'It's a waste of taxpayer money to further a political agenda that makes girls less safe and makes sports less fair.'
Ellison was joined at his news conference by parents of transgender children and human rights activists, including state Rep. Leigh Finke of St. Paul, Minnesota's first openly transgender legislator. Addressing Trump and his supporters, Finke said LGBTQ+ people have always existed in every culture throughout history.
'No law, no policy, no hate-fueled campaign will ever change that. So I'm asking you to just please stop trying,' Finke said. 'To those of you in that world who still are capable of hearing from those of us outside of it, understand this: All that we ask is to be left in peace, to live and love and without fear.'
Dr. Kelsey Leonardsmith, who treats transgender children from several states at the Family Tree Clinic in Minneapolis, and is a professor at the University of Minnesota Medical School, said transgender girls and women are already underrepresented in sports and make up just a tiny percentage of student athletes. She disputed the contention of critics that allowing them to participate in girls sports gives them unfair advantages and puts other girls in physical danger.
'Shutting out trans girls helps no one, and it is profoundly harmful to those it excludes,' Leonardsmith said. 'On the surface, it removes opportunities for physical activity, for fitness, for belonging. But on a more fundamental level, it says to trans youth, 'We do not believe you, you are not real,' and it is hard to imagine a more damaging message to send to children.'
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