A Title IX investigation announced Wednesday by the U.S. Department of Education's Office for Civil Rights (OCR) will look into the Minnesota State High School League's plan to allow transgender student-athletes to compete in sports consistent with their gender identity.
MSHSL officials recently announced it was seeking clarity on President Donald Trump's Executive Order Keeping Men Out of Women's Sports. League officials wrote that the Executive Order conflicts with State law, particularly the Minnesota Human Rights Act and the Equal Protection Clause of the Minnesota Constitution which prohibits discrimination against any person in any protected class, which includes sexual orientation and gender identity.
"The Executive Order requires a 60-day window for athletic associations to convene and take action implementing the order. 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," the MSHSL wrote.
In announcing its investigation, the Department of Education noted the MSHSL planned 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."
“The Minnesota State High School League and the California Interscholastic Federation are free to engage in all the meaningless virtue-signaling that they want, but at the end of the day they must abide by federal law,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “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.”
The Department of Education's investigation includes the California Interscholastic Federation.
"The League and its legal counsel are reviewing the recent communication and intend to fully cooperate with the investigation," the MSHSL said in a statement regarding the investigation.
WCCO Radio has reached out to MSHSL executive director Erich Martens for further comment.
Minnesota House Republicans sent a letter to Martens on Wednesday seeking answers about the league's approach towards the President's Executive Order.
"This executive order intends to uphold fairness and maintain competitive integrity in school-based athletics, including those in Minnesota," the letter stated. "By refusing to comply, we believe the MSHSL is jeopardizing equal opportunities for all athletes, particularly female athletes."