The U.S. Department of Education Office of Civil Rights announced a directed investigation of the Minnesota State High School League for violating federal antidiscrimination laws related to girls’ sports.
A Wednesday, Feb. 12, news release from the department said the violation includes "the possibility of allowing male athletes to compete in women's sports and use women's intimate facilities." It also announced an investigation into the California Interscholastic Federation.
Last week, President Donald Trump issued an executive order rescinding funding from programs that allow transgender girls to compete against other women, saying it "deprive[s] women and girls of fair athletic opportunities" guaranteed by Title IX. The order directed the Secretary of Education to take "all appropriate action to affirmatively protect all-female athletic opportunities and all-female locker rooms."
In response to the investigation notice, MSHSL said it and its legal counsel "are reviewing the recent communication and intend to fully cooperate in the investigation."
MSHSL issued a statement in response to the executive order Monday, noting it appears to conflict with state law prohibiting discrimination based on gender identity.
"The Executive Order requires a 60-day window for athletic associations to convene and take action implementing the order," the statement read. "Given the significance of the issue, the League is considering requesting a formal opinion from the Minnesota Attorney General for guidance on the issues involved."
MSHSL said during the 60-day window while it seeks clarification, its current bylaw allowing transgender student participation remains in place.
"The Minnesota State High School League and the California Interscholastic Federation are free to engage in all the meaningless virtue-signaling they want, but at the end of the day they must abide by federal law," stated Craig Trainor, acting assistant secretary for civil rights, in the release.
"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. 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."
Last week, the department launched investigations into San Jose State University, the University of Pennsylvania and the Massachusetts Interscholastic Athletic Association.
"State laws do not override federal antidiscrimination laws, and these entities and their member schools remain subject to Title IX and its implementing regulations," the release stated.
Editor's note: This story was updated at 8:30 a.m. Feb. 13 to include the latest response from MSHSL.
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