The U.S. Department of Education and the Department of Health and Human Services have stated that some education groups in Minnesota have not followed Title IX rules. This comes after an investigation into the state’s policies about transgender athletes in sports.
Title IX is a federal law that protects people from discrimination based on sex in education programs or activities that receive money from the government.
The investigation looked at the Minnesota Department of Education (MDE) and the Minnesota State High School League (MSHSL). It focused on whether allowing transgender male athletes to compete in girls’ sports was fair under Title IX.
The Department of Education highlighted a specific case from the 2025 season. A transgender male pitcher on a high school softball team was said to have had a significant advantage over female athletes. According to the department, the pitcher dominated in several games. They also mentioned other instances of transgender athletes competing in girls’ sports like skiing, lacrosse, track and field, and volleyball.
Craig Trainor, Acting Assistant Secretary for Civil Rights at the Department of Education, said that Minnesota’s policies were unfair to female students. He stated that the government will ensure that Minnesota follows Title IX rules to protect the safety and fair treatment of female athletes.
The Department of Education and the Department of Health and Human Services have given Minnesota 10 days to change its policies to comply with Title IX and an executive order focused on keeping male athletes out of women’s sports.
The state agencies must agree to these conditions:
* MDE and MSHSL must change any guidelines that allow male athletes to compete in girls’ sports to comply with Title IX. They must also acknowledge that federal law takes precedence over state law if there is a conflict.
* MDE will inform all federally funded organizations that run sports programs that they must strictly follow Title IX by separating sports and facilities based on sex.
* The notice will require these organizations to use biology-based definitions of “male” and “female.” It will also remind them that they could lose federal funding if they don’t comply with Title IX.
* MDE and MSHSL will submit updated training materials about Title IX for the Department of Education and the Department of Health and Human Services to review and approve. They will then provide the approved training to their staff.
* MDE will restore all records and titles that female athletes lost to male athletes competing in female categories. The state will also send each female athlete a letter of apology for allowing sex discrimination to affect her education. MDE will ask MSHSL to take similar action.
* MDE will require each school and MSHSL to submit an annual certification that they have complied with Title IX.
If Minnesota does not meet these conditions, the case will be referred to the Department of Justice (DOJ). The DOJ has already filed lawsuits against education agencies in Maine and California over the same issue of transgender athletes in girls’ sports.
Minnesota Attorney General Keith Ellison has filed a lawsuit against the government for trying to enforce its policies to protect girls’ sports in Minnesota.
The situation with the transgender softball player has also led to another lawsuit by three teenage girls who have competed against the pitcher. However, a federal judge dismissed the lawsuit earlier in the month.
One of the girls involved in the lawsuit said that the dismissal was “upsetting” and “frustrating.” She expressed her hope that the court would have stopped the situation immediately.
The transgender athlete, Marissa Rothenberger, led her high school to a state championship in softball. In the championship game, she pitched a shutout, allowing only three hits and striking out six batters.
One of the plaintiffs in the lawsuit had previously described the experience of playing against Rothenberger as both a physical and mental challenge. She said that knowing the athlete has an advantage made it difficult to compete.
The federal government is now taking action to address the issue.
