The Department of Education (ED) and the Department of Health and Human Services (HHS) specifically accused the Minnesota Department of Education (MDE) and the Minnesota State High School League (MSHSL) of violating Title IX’s prohibition on sex discrimination for their policies prioritizing “gender identity” over biological reality.
“The joint finding determined that, over the course of several years, MDE and MSHSL allowed male athletes to compete on the girls’ Alpine ski team, the girls’ Nordic skiing team, the girls’ lacrosse team, the girls’ track and field team, the girls’ volleyball team, and the girls’ fastpitch softball team,” ED said in a press release.
ED’s Office for Civil Rights initiated an investigation in February after MSHSL publicly said it would follow state law prioritizing “gender identity” over federal anti-discrimination law and President Donald Trump’s executive order “Keeping Men out of Women’s Sports.” By June, HHS initiated its own compliance review after a transgender-identifying male athlete from Champlin Park High School snagged several wins in girls’ MSHSL softball matches, including a state championship.
“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,” ED’s Acting Assistant Secretary for Civil Rights Craig Trainor said.
“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,” Trainor continued.
HHS’ OCR Director Paula M. Stannard that Minnesota’s policy “denies females the equal opportunities under Title IX that they deserve in athletic competition.”
“Minnesota fails to recognize the fundamental biological differences between males and females—differences that justify single-sex teams and are essential to ensuring fair and safe competition for girls and women,” Stannard said.
ED and HHS issued a proposed Resolution Agreement to MDE and MSHSL to voluntarily resolve their Title IX violations within 10 days or “risk imminent enforcement action, the agencies said.
The agreement would require:
- MDE and MSHSL must rescind or revise any guidance permitting males to compete in girls’ sports to comply with Title IX and to reflect that to the extent State law conflicts with Title IX, federal law preempts State law;
- MDE will issue a statewide notice to all federally funded entities operating interscholastic athletic programs mandating their strict compliance with Title IX by separating athletics and intimate facilities based on sex;
- The notice will require these entities to adopt biology-based definitions of “male” and “female” and remind them that non-compliance with Title IX places their federal funding in jeopardy;
- MDE and MSHSL will submit updated Title IX training, procedure, and process materials for ED’s OCR and HHS’ OCR to review and approve, and will conduct the approved training to MDE and MSHSL personnel;
- MDE will restore to female athletes all records and titles misappropriated by male athletes competing in female categories, and send each female a letter of apology on behalf of the State of Minnesota for allowing her educational experience to be marred by sex discrimination. MDE will demand in writing that MSHSL take parallel action; and
- MDE will require each school and MSHSL to submit to MDE an annual certification that they have complied with Title IX.
Breitbart News reached out to MDE and MSHSL for comment but did not receive a response by time of publication.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
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