AG Keith Ellison says transgender athlete ban violates Minnesota Human Rights Act
President Trump's executive order banning transgender athletes from competing in sports consistent with their gender identity violates the Minnesota Human Rights Act, the Minnesota Attorney General's Office opined on Thursday.
The Minnesota State High School League requested a legal opinion from the attorney general's office after the U.S. Department of Education announced an investigation into the league for not complying with the executive order signed earlier this month.
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. Those not in compliance jeopardize any federal funding they receive, Mr. Trump said.
In the days after the executive order was signed, MSHSL released a statement saying participation and eligibility of transgender student-athletes is determined by the Minnesota Human Rights Act and the Minnesota Constitution.
The attorney general's office's legal opinion affirmed that statement, saying the transgender student-athlete ban "does not supersede protections from discrimination in the Minnesota Constitution or Minnesota laws, and that complying with the Executive Order would be a violation of the Minnesota Human Rights Act."
"While the Executive Order references Title IX of the Education Amendments Act of 1972, Title IX does not authorize the President to issue directives with the force of law. Therefore, the Executive Order does not supersede Minnesota law," the attorney general's office said.
However, some people in the state stand by the executive order and want it to be enforced. 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."
Note: The video above originally aired Feb. 12, 2025.
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