Minnesota’s Battle With Feds Over Transgender Athletes Now Escalating

The Minnesota Department of Education (MDE) has been under federal investigation for potential Title IX violations regarding its policies on transgender athletes in girls' sports.

Federal officials found violations in late 2025 and moved to refer the case to the Department of Justice.

At the time, the U.S. Department of Education (ED) and the U.S. Department of Health and Human Services (HHS) issued a proposed Resolution Agreement to MDE and the Minnesota State High School League (MSHSL) to voluntarily resolve their Title IX violations within 10 days or risk imminent enforcement action.

The Resolution Agreement requires Minnesota officials to follow the action items below:

• MDE and MSHSL must rescind or revise any guidance permitting males to compete in girls’ sports to comply with Title IX and to reflect that, to the extent State law conflicts with Title IX, federal law preempts State law.
• MDE will issue a statewide notice to all federally funded entities operating interscholastic athletic programs, mandating their strict compliance with Title IX by separating athletics and intimate facilities based on sex.
• The notice will require these entities to adopt biology-based definitions of “male” and “female” and remind them that non-compliance with Title IX places their federal funding in jeopardy.
• MDE and MSHSL will submit updated Title IX training, procedure, and process materials for ED’s OCR and HHS’s OCR to review and approve, and will conduct the approved training to MDE and MSHSL personnel.
• MDE will restore to female athletes all records and titles misappropriated by male athletes competing in female categories, and send each female a letter of apology on behalf of the State of Minnesota for allowing her educational experience to be marred by sex discrimination. MDE will demand in writing that MSHSL take parallel action; and
• MDE will require each school and MSHSL to submit to MDE an annual certification that they have complied with Title IX.

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However, the Minnesota Department of Education has defended its policies, arguing they comply with state laws, and state officials have stated that Title IX violates the Minnesota Human Rights Act. The state indicated in late 2025 that it would not adhere to the proposed federal changes. 

Now, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Health and Human Services’ Office for Civil Rights are escalating the standoff.

Minnesota Case Being Referred To The U.S. Department of Justice

On Monday, January 26, 2026, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Health and Human Services’ Office for Civil Rights (HHS’ OCR) notified the Minnesota Department of Education and the Minnesota State High School League that it is referring their case to the U.S. Department of Justice (DOJ) for enforcement action.

The federal government noted that Minnesota's ongoing refusal to comply with Title IX of the Education Amendments of 1972 (Title IX) by allowing men to compete in women’s sports and occupy women’s intimate facilities.

“Despite repeated opportunities to comply with Title IX, Minnesota has chosen defiance – continuing to jeopardize the safety of women and girls, deny them fair competition, and erode their right to equal access in educational programs and activities,” said U.S. Secretary of Education Linda McMahon.

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McMahon then referred to Minnesota's recent fraud scandal, saying that it exposed Governor Tim Walz’s "dereliction of duty" and went on to accuse Governor Walz of failing to safeguard Minnesotans and uphold the rule of law.

Added U.S. Secretary of Health and Human Services Robert F. Kennedy, Jr. "Minnesota is violating Title IX, and we will not look the other way. When states allow males to compete in girls’ sports, they deny young women and girls the protections the law guarantees."

The Department of Justice may initiate litigation to force the Minnesota Department of Education and the Minnesota State High School League to comply with federal interpretations of Title IX, which define sex based on biology.

Minnesota's human rights laws could also be challenged in federal court, potentially reaching the Supreme Court to determine if Title IX prohibits or permits the participation of transgender athletes in women's sports.