MN transgender athletes: Federal appeals court denies challenge to state's inclusive policy

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Minnesota sued over biological males in sports policies

The Trump administration is suing Minnesota over its education department and state high school league’s policies allowing biological males to compete in girls’ sports. FOX 9’s Soyoung Kim outlines the latest legal back-and-forth battle of political football.

A federal appeals court has denied a challenge to Minnesota’s protections for transgender student athletes, keeping the state’s current inclusive sports policy in place as a legal challenge continues.

READ MORE: DOJ sues Minnesota for allowing transgender girls to compete in girls sports

Minnesota’s policy for transgender student athletes upheld in court 

What we know:

The 8th Circuit Court of Appeals upheld a previous district court decision denying a preliminary injunction against Minnesota’s inclusive sports policy for school athletics. The court found that Female Athletes United, the group challenging the policy, does not have a private right of action under Title IX to seek such an injunction.

The ruling means that, for now, transgender student athletes in Minnesota can continue to participate in sports teams that match their gender identity. 

Minnesota Attorney General statement

What they're saying:

Minnesota Attorney General Keith Ellison issued the following statement on the ruling: 

"Two courts have now ruled that these plaintiffs have no right to a preliminary injunction in this case. I'm proud to defend Minnesota’s inclusive legal protections for student athletes of all genders against anyone who would force us to discriminate. I look forward to continuing to protect Minnesota’s students in court and against bullies anywhere."

Department of Justice lawsuit

The backstory:

In Sept. 2025, the Trump administration found Minnesota in violation of Title IX by allowing athletes assigned male at birth to compete in girls' sports.

The findings followed a civil rights investigation by the Department of Education and Department of Health and Human Services. The investigation found Minnesota had allowed trans athletes to compete in several girls' sports, including Alpine skiing, Nordic skiing, lacrosse, track and field, volleyball, and fastpitch softball.

Local perspective:

A lawsuit over a softball pitcher in Minnesota is what sparked the investigation last year. An advocacy group representing several Minnesota high school softball players asked a court for an injunction to block a trans pitcher from competing for Champlin Park. The pitcher in question is considered one of the best pitchers in the state and helped lead Champlin Park to its first-ever state title in 2025.

What's next:

The case is now set to proceed in federal district court. 

Timeline of trans athlete battle

Timeline:

Here's a look at the timeline of the Minnesota transgender athlete battle so far:

  • Feb. 5, 2025: Trump issued an executive order on transgender athletes participating in girls' sports.
  • Feb. 12, 2025: The Department of Education announces an investigation into the Minnesota State High School League.
  • April 2025: Minnesota sues the Trump admin preemptively to stop the admin from yanking federal funds over alleged Title IX violations.
  • May 2025: An advocacy group files a lawsuit on behalf of Minnesota softball players against Minnesota. Because of this lawsuit, the Department of Education elevated its Title IX civil rights review.
  • Sept 2025: A judge denies an injunction over the Champlin Park softball player.
  • Sept. 2025: The DOE finds Minnesota in violation of Title IX.
  • Jan. 2026: Oral arguments are delivered in the appeal in the Champlin Park case.
  • March 2026: The DOJ sues Minnesota over Title IX violations.
  • Thursday: 8th Circuit Court of Appeals denies a preliminary injunction against Minnesota’s inclusive sports policy

The Source: This story uses information taken from a news release shared by the Minnesota Attorney General's Office and previous FOX 9 reporting. 

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