The Elk River School Board voted Monday to support a proposed amendment that would change Minnesota State High School League rules to base eligibility for girls’ sports on biological sex.
The Sept. 14 vote directs the district’s designated MSHSL representatives to support the proposed amendment through the league’s governing process.
The measure passed 4-3, with board members John R. Anderson, Mindy Freiberg, Monica Madsen and Mike Nordos voting in favor, and Shane Steinbrecher, Sarah Hamlin and Sara Weis voting against.
The amendment is being promoted by Make It Fair MN, a group seeking to establish biological sex rather than gender identity as the basis for eligibility in girls’ athletics.
‘Girls’ sports should be for girls’
The issue generated an extended discussion among Elk River board members before Monday’s vote, with supporters arguing the district had an opportunity to advocate for female athletes even if the proposal faces legal obstacles under current Minnesota law.
“Our vote tonight will give ISD 728 a voice and allow schools across Minnesota to debate and vote on this issue,” board member Mindy Freiberg said.
“Every student deserves dignity and respect, but that does not require ignoring biological differences or taking opportunities away from female athletes,” Freiberg said. “Title IX opened the doors for generations of girls. It’s almost been 50 years. Those protections matter, and we have a responsibility to speak up when they are at risk.”
Board member Sara Weis, who voted against the measure, questioned whether the board should spend time advancing a proposal that she believes could not currently be implemented under Minnesota law.
“I would rather focus our energies, personally, on the things that take action, the things that can make a difference, the things that are connected to and aligned with state statute, and our board priorities as well,” Weis said.
Freiberg made the opposite argument, saying board members should advocate for change rather than wait for the courts to resolve the issue.
“What side of history do you want to be on?” Freiberg said. “I want to protect our girls. It’s not safe for them to be playing against biological boys.”
Five schools needed to start amendment process
The discussion also shed light on where the statewide effort stands.
Elk River’s proposal will be submitted through the district’s designated MSHSL representatives and added to submissions from other member schools.
Make It Fair MN says at least five member-school representatives have formally submitted their support for the proposed amendment.
According to the group, five signatures submitted by Oct. 15 are required under the MSHSL Constitution to trigger the next step in the amendment process. MSHSL would then communicate the proposed amendment to all member schools by Nov. 1, allowing schools to gather public input and instruct their representatives on how to vote, the group said.
The proposal would still have to clear additional steps before becoming MSHSL policy, including ultimately reaching the MSHSL Representative Assembly, the league’s legislative body responsible for creating and amending bylaws.
MSHSL records show that proposed bylaw amendments considered by the Representative Assembly require a two-thirds majority for approval.
Jenna Gloeb
Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.
