The Minnesota State High School League (MSHSL) may request a formal opinion from Minnesota Attorney General Keith Ellison on how to proceed regarding what it describes as an apparent conflict between state law and an executive order signed by President Donald Trump.
Earlier this month, President Trump signed an executive order which “rescinds all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls and deprives them of privacy.”
The executive order, which cited Title IX protections for female sports, states that “it shall also be the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.”
Effectively, the executive order forces organizations to choose between receiving federal funds or allowing men to participate in women’s sporting events. Following the issuance of the order, the National Collegiate Athletic Association (NCAA) announced that it would no longer allow males to compete in collegiate female sports.
After Trump’s executive order was issued, the MSHSL put out a statement on Monday which said the, “Minnesota Human Rights Act and the Equal Protection Clause of the Minnesota Constitution prohibit discrimination against any person in any protected class, which includes sexual orientation and gender identity.”
Elaborating, the league said Trump’s executive order “appears to conflict with current State law.” As such, the MSHSL said it is “considering requesting a formal opinion from the Minnesota Attorney General for guidance on the issues involved.”
Minnesota’s Attorney General is Keith Ellison, a left-wing Democrat who has denounced many of the executive order signed by Trump.
While the MSHSL is a nonprofit organization that receives no taxpayer funding, the athletic association governs the athletic programs of Minnesota high schools that do receive federal funds.
According to the MSHSL, the executive order gives athletic associations a 60-day window to implement its requirements.
“During this 60-day window as we seek clarification and direction from the state, the MSHSL’s current bylaw remains in place at this time allowing transgender student participation,” said the MSHSL. “The bylaw is based on the [Minnesota] Human Rights Act and the State Constitution.”
U.S. Department of Education investigating MSHSL
Prior to the league’s Monday statement about the executive order, multiple news outlets reported that the MSHSL sent a letter to member schools about the situation.
The letter reportedly told schools that MSHSL is subject to Minnesota’s anti-discrimination laws which prohibit discrimination based on gender identity, “students in Minnesota are allowed to participate consistent with their gender identity,” and “The League will continue to review the existing state laws alongside the new Presidential Executive Order and its timeline, processes for states, and requirements that are included.”
In its Monday statement, the league noted that “at least one media report has inaccurately claimed that the MSHSL confirmed that transgender student-athletes in Minnesota will continue to be able to participate in school sports consistent with their gender identity despite the Executive Order. Instead, the MSHSL is seeking guidance to better understand how to proceed in the future.”
Two days later, the United States Department of Education’s Office of Civil Rights launched an investigation into MSHSL and a California sports organization regarding compliance with Trump’s executive order. The Department of Education said the MSHSL “publicly announced plans to violate federal antidiscrimination laws related to girls’ and women’s sports. This includes the possibility of allowing male athletes to compete in women’s sports and use women’s intimate facilities.”
In a press release about the investigation, the Department of Education noted that “state laws do not override federal antidiscrimination laws, and these entities and their member schools remain subject to Title IX and its implementing regulations.”
Regarding the investigation, the MSHSL said its attorneys “are reviewing the recent communication and intend to fully cooperate with the investigation.”
Luke Sprinkel
Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.
