The Trump administration is hitting back at the Minnesota State High School League’s decision to follow state law and let transgender student-athletes compete according to their gender identity.

On Wednesday, the U.S. Department of Education’s Office for Civil Rights said it was launching Title IX investigations into Minnesota and California’s interscholastic athletic organizations over “plans to violate federal antidiscrimination laws related to girls’ and women’s sports.”

The MSHSL said last week it would not fall in line with President Donald Trump’s executive order prohibiting trans participation in women’s and girls’ sports, opting to stick with Minnesota’s anti-discrimination statute that includes gender identity as a protected class.

“The President cannot erase Title IX or Minnesota State law respecting transgender student-athletes by executive order,” Catherine Ahlin-Halverson, staff attorney with the American Civil Liberties Union of Minnesota, said. 

She expects legal action against the President’s order and not much impact in the meantime. 

“If they want to change Title IX rules and regulations to attack transgender student-athletes, they have to go through a lawful process to do that,” Ahlin-Halverson added. “But, even beyond that, Minnesota law is clear, and the president cannot change Minnesota law by executive order.”

Also on Wednesday, Minnesota House Republicans sent a letter to the MSHSL, expressing concern that it doesn’t plan to comply with the executive order. It also explains there are bills — HF12/SF916 filed this legislative session aiming to change the law to support President Trump’s stance. 

House DFL Representative Leigh Finke, who’s a transgender woman herself, shared the following statement with 5 EYEWITNESS NEWS. 

“I am grateful that Minnesota law requires full inclusion in athletics and that MSHSL intends to follow our laws.

“We have seen that trans inclusion in youth sports is not a threat to anyone in Minnesota, where trans participation has coincided in a record growth of cisgender girls participating in youth sports.

The Trump Administration cannot change our state laws by issuing an executive order. It is unfortunate that my Republican colleagues are encouraging the MHSL to ignore state law in an effort to curry favor with  Donald Trump.”

“OCR’s Chicago and San Francisco regional offices will conduct directed investigations into both organizations to ensure that female athletes in these states are treated with the dignity, respect, and equality that the Trump Administration demands,” acting Assistant Secretary for Civil Rights Craig Trainor said in a statement. “I would remind these organizations that history does not look kindly on entities and states that actively opposed the enforcement of federal civil rights laws that protect women and girls from discrimination and harassment.”

Trump’s executive order last week sought to “rescind all funds from educational programs that deprive women and girls of fair athletic opportunities.”

MSHSL released the following statement:

Separate from its statement, when asked about federal funding, the MSHSL shared, “The League is a non-profit organization that does not receive any federal funding.”

Minnesota House Republicans also sent a letter to MSHSL, which can be viewed below:

State lawmakers have taken steps in recent years to solidify Minnesota’s status as a “refuge state” for the trans community. In 2023, the Legislature updated the Minnesota Human Rights Act to prohibit discrimination based on one’s gender identity. Another measure protects access to gender-affirming care and shields healthcare providers from facing legal consequences for providing such care.

Last week, Minnesota Attorney General Keith Ellison sued the Trump administration over an executive order that sought to ban gender-affirming care for people 19 and younger.

OutFront Minnesota, an LGBTQ+ advocacy organization, provided the following statement to 5 EYEWITNESS NEWS:

“In Minnesota, we’re extraordinarily proud of our sports teams and athletes at every level of play. And our state has demonstrated over years that inclusion is not at odds with fairness and safety – in fact, it’s inclusion that makes us stronger.

“We deeply believe in the importance of antidiscrimination protections, and the promise of Title IX.

“Today’s announcement that the Department of Education is investigating the Minnesota State High School League along with the California Interscholastic Federation seeks to upend years of good, inclusive policies with untested and exclusionary interpretation of federal law. We condemn this move, and this administration’s continuing assaults on the rights of trans individuals and athletes.

“We believe everyone deserves the chance to play.

“And we will continue to advocate for the rights of our communities to do so.”