Trump admin says Minnesota violated Title IX by allowing trans athletes in girls sports

(FOX 9) - The U.S. Department of Education announced on Tuesday that it has found the Minnesota Department of Education and Minnesota State High School League in violation of Title IX for allowing transgender athletes to participate in girls sports.

Trans athletes in Minnesota

The backstory:

President Trump issued an executive order shortly after taking office for his second term, banning transgender athletes from taking part in girls sports.

After President Trump's order, the Minnesota State High School League (MSHSL) put out a statement in February saying it would continue to abide by state law – not the executive order – and allow student athletes to participate in sports based on their gender identity.

As far back as April, Attorney General Pam Bondi had threatened to bring legal action against Minnesota over the state's transgender athlete policy. Minnesota Attorney General Keith Ellison later filed a lawsuit to prevent the federal government from cutting funds for Minnesota.

The DOE findings come a day after the Department of Justice sued the state and Minnesota cities over sanctuary immigration policies.

Department of Education says Minnesota violated Title IX

What we know:

The U.S. Department of Education issued a statement on Tuesday, saying it had found that the Minnesota Department of Education and Minnesota State High School League in violation of Title IX.

The joint finding by the Education Department and the Department of Health and Human Services' respective civil rights divisions found that Minnesota had allowed transgender athletes to participate in several girls sports, including Alpine skiing, Nordic skiing, lacrosse, track and field, volleyball, and fastpitch softball.

It was news reports on the trans softball player for Champlin Park that elevated the Department of Education investigation in June. In May, a group filed a lawsuit over the Champlin Park player, asking a judge to block transgender athletes from participating in girls sports. The player in question was one of the best pitchers in Minnesota softball last year and helped lead Champlin Park to its first-ever softball title.

What they're saying:

In a provided statement, a Department of Education official accused Minnesota of being on the "wrong side of history."

"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," said ED’s Acting Assistant Secretary for Civil Rights Craig Trainor. "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."

The other side:

FOX 9 has reached out to the Minnesota Department of Education and the MSHSL for statements on the findings.

Earlier this year, when MSHSL announced it would abide by state laws, it issued this statement: "In Minnesota, participation and eligibility of transgender student-athletes is determined by state law, through the Minnesota Human Rights Act and the Minnesota Constitution. The Minnesota State High School League, similar to other youth sports organizations, is subject to state anti-discrimination laws, which prohibit discrimination based on gender identity. Therefore, students in Minnesota are allowed to participate consistent with their gender identity. League Member Schools have done excellent work in respecting students and their individual situations as they determine their participation and eligibility within interscholastic sports."

Department of Education offers deal

What's next:

In its announcement, the Department of Education offered to drop the violations if the state and high school league agreed to certain conditions, including changing its policy on trans athletes.

The resolution includes:

• 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.