Minnesota Attorney General Keith Ellison announced on April 16 that the United States Court of Appeals for the Eighth Circuit has upheld a lower court’s decision denying a preliminary injunction against Minnesota’s protections for transgender student athletes. The lawsuit, brought by Female Athletes United, challenged the state’s inclusive sports policy that allows transgender youth to participate in athletics consistent with their gender identity.
The ruling means that Minnesota’s current policy remains in effect while litigation continues. The case is significant because it addresses whether organizations or individuals can use Title IX, a federal law prohibiting sex-based discrimination in education, to prevent transgender students from participating on teams matching their gender identity.
“Two courts have now ruled that these plaintiffs have no right to a preliminary injunction in this case. I’m proud to defend Minnesota’s inclusive legal protections for student athletes of all genders against anyone who would force us to discriminate. I look forward to continuing to protect Minnesota’s students in court and against bullies anywhere,” Attorney General Ellison said.
Since 1993, the Minnesota Human Rights Act has prohibited discrimination based on gender identity within educational settings. In line with this law, since 2016 the Minnesota State High School League has maintained a by-law permitting student athletes to participate according to their gender identity—a rule interpreted as allowing transgender students full participation on corresponding teams.
The federal government took an opposing stance when President Trump issued an executive order on February 5, 2025 directing enforcement actions under Title IX against schools permitting transgender girls and women onto female sports teams and threatening withdrawal of federal funding from non-compliant entities. Following this move and subsequent investigation announcements by the U.S. Department of Education into the Minnesota State High School League (MSHSL), Attorney General Ellison issued a formal opinion stating compliance with such an order would violate state law; his opinion carries legal authority unless overturned by court action.
Female Athletes United filed suit on May 19, 2025 naming Ellison and other officials as defendants and sought immediate relief through a preliminary injunction—which was denied at both district court and now appellate levels due to lack of alleged intentional discrimination under Title IX standards. The underlying case will proceed at federal district court.
