Federal Agencies Refer Minnesota to DOJ Over Transgender Girls' Participation in School Sports

The U.S. Departments of Education and Health and Human Services announced on January 26, 2026, that they are referring Minnesota to the Department of Justice due to the state's ongoing refusal to change policies allowing transgender girls to participate in girls' high school sports. This referral threatens the termination of federal funding to Minnesota schools, which receive approximately $1.4 billion annually, including $429 million for school nutrition programs.

The conflict stems from a Trump administration executive order signed on February 5, 2025, which interprets Title IX – the federal law prohibiting sex discrimination in education programs receiving federal funds – as barring transgender girls from competing in girls' and women's sports. The Minnesota State High School League , which governs interscholastic sports for over 300 school districts, has since 2014 permitted students, including transgender girls, to compete on teams consistent with their gender identity, citing state anti-discrimination laws.

In September 2025, the DOE's Office for Civil Rights concluded its investigation, finding that the MSHSL violated Title IX by permitting transgender girls to compete in girls' Alpine skiing, Nordic skiing, lacrosse, track and field, volleyball, and fastpitch softball over several years. The OCR demanded policy changes, including apologies to cisgender female athletes and rescinding titles or records held by transgender girls, with a 10-day deadline that passed amid a federal government shutdown. Subsequent deadlines, including one on January 2, 2026, were ignored.

Minnesota officials, led by Attorney General Keith Ellison, have rejected federal demands, arguing they conflict with the Minnesota Human Rights Act, which protects gender identity as a protected class. On February 20, 2025, Ellison's office issued an opinion that the executive order violates state law. The state has sued the DOE and HHS in federal court, with Minnesota Solicitor General Liz Kramer stating that terminating funding requires an extensive administrative process.

U.S. Education Secretary Linda McMahon criticized the state's stance, stating, “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.” The MSHSL declined to comment, citing the Data Privacy Act, which prevents tracking the number of transgender student-athletes; federal reports reference 11 such students among 232,347 athletes in 2024-25.

This dispute highlights tensions between federal Title IX interpretations and state protections for transgender youth, affecting transgender girls' access to sports affirming their gender identity amid broader national debates where 27 states ban such participation. In response to federal pressure, bills like HF12, authored by Rep. Peggy Scott , seek to align Minnesota K-12 girls' sports with biological sex definitions. The DOJ referral marks a potential next phase, with outcomes possibly reshaping sports policies for transgender students across Minnesota's schools.