Republican attorneys general unite against Minnesota policy on transgender athletes

A coalition of mostly Republican-run states has filed a joint brief in support of an effort to immediately block transgender athletes in Minnesota from competing in girls sports while a federal lawsuit debating the matter is litigated through the courts.

Attorneys general in 19 states argued in a brief filed Tuesday that Minnesota’s bylaw targeted in the lawsuit “violates Title IX’s protections of equal treatment, benefits, and opportunities for female athletes.”

The brief, filed in the U.S. Court of Appeals for the Eighth Circuit, accuses the Minnesota State High School League of denying female athletes the benefit of “fair and safe competition” through its decade-old policy allowing people born male to compete in their sport.

“That is basic biology,” wrote Iowa Attorney General Brenna Bird, who penned the brief on behalf of the states. “And to deny or ignore that deprives females of what was fought for in this Nation’s history — the right to be treated equally and to have the same opportunities as their male counterparts.”

The coalition of states is asking the appeals court to reverse U.S. District Judge Eric Tostrud’s previous order to not issue a preliminary injunction against Minnesota’s policy, which would have immediately and temporarily blocked the MSHSL’s rule from being enforced until the lawsuit’s conclusion. The suit, filed on behalf of three Twin Cities metro softball players, argues the state’s bylaw creates an unequal playing field for girls.

The brief specifically cites concerns raised by the softball players surrounding an unnamed Minnesota high school pitcher whom they allege was born male. In various games against the pitcher, the softball players allege the athlete pitched a one-hitter and seven strikeouts — ultimately preventing them from advancing to the sectional championship.

The brief argues that failing to stop the challenged MSHSL bylaw could cause “irreparable harm” to student-athletes.

Absent a preliminary injunction, the states argue, the female athletes are “stripped of Title IX’s protections by forcing them to compete against biological men.”

Asked about the brief, Minnesota Attorney General’s Office spokesperson Brian Evans in a statement called the accusations “merely a repetition of the far-right’s typical scaremongering and scapegoating of kids dressed up as an amicus brief.”

“It’s a shame for residents of these 19 states that their attorneys general are bullying vulnerable kids to score cheap political points, rather than helping people who need it,” Evans said, adding to his statement that the court filing will have no impact on the lawsuit and “does not matter.”

The filing by Iowa’s attorney general was signed by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah and Wyoming. All of the states, with the exception of Kansas, have Republican governors.

The brief also comes on the heels of the Trump administration’s finding that Minnesota is in violation of Title IX over the MSHSL policy, to which federal officials ordered the state to make changes in 10 days. The deadline passed last week with no clear repercussions — though the state told the administration in a letter criticizing the investigation that it would not offer a “substantive response” to their demand, due to a lack of clarity and the federal government’s shutdown.