Trump administration opens investigation into MSHSL on transgender policy; funding at risk

The nonprofit organization that oversees high school athletics in Minnesota is being investigated by the federal government under the belief it plans to violate an executive order signed last week by President Donald Trump that declared transgender athletes ineligible to play girls sports.

If found in violation, the Minnesota State High School League (MSHSL) could lose its federal funding.

The U.S. Department of Education (DOE) is also investigating the California Interscholastic Federation for a similar reason.

Craig Trainor, acting assistant secretary for civil rights at the U.S. Department of Education, said Wednesday the two athletic organizations are being investigated by the department’s Office of Civil Rights “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.”

Officials at the MSHSL stated last week the executive order appears to conflict with the Minnesota Constitution. Officials at the DOE disagree.

“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 DOE said Monday.

The MSHSL released a statement Wednesday night.

“The Minnesota State High School League was notified by the United States Department of Education’s Office of Civil Rights of the initiation of an investigation of the League’s compliance with the recent Executive Order,” the statement said. “The League and its legal counsel are reviewing the recent communication and intend to fully cooperate with the investigation.”

The executive order allows a 60-day window for athletics associations to decide what course of action to take to implement the ruling.

On Monday, the MSHSL had posted a statement saying it is considering requesting a formal opinion from the Minnesota attorney general for guidance: “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. The bylaw is based on the [Minnesota] Human Rights Act and the state constitution.”

While the league awaits clarity and guidance “to better understand how to proceed in the future,” the DOE stressed it is now the policy of federal agencies to “rescind all funds from educational programs that deprive women and girls of fair athletic opportunities.”

The MSHSL’s board of directors in 2015 voted to open girls sports to transgender student-athletes. The decision took effect for the 2015-16 school year. The ruling made Minnesota the 33rd state to adopt a formal transgender student policy.