Attorney General Clark Joins Coalition Supporting Minnesota's Trans-Inclusive Policy for Youth Sports

Attorney General Charity Clark and a coalition of 12 other attorneys general have filed an amicus brief in Female Athletes United (FAU) v. Keith Ellison et al. supporting Minnesota Attorney General Keith Ellison's ongoing fight to defend the rights of transgender youth to play on sports teams that align with their gender identity in Minnesota.

In its brief to the Eighth Circuit Court of Appeals, the coalition says U.S. District Court Judge Eric Tostrud ruled correctly when he declined to issue a preliminary injunction requested by FAU that would have barred transgender youth from playing in most girls' sports in Minnesota. FAU immediately asked the appeals court for an emergency injunction, which the coalition urge the Eighth Circuit to deny.

The coalition argues that the sweeping exclusion of transgender and gender-expansive athletes that FAU seeks in its lawsuit is not justified by the facts or the law. FAU claims that allowing transgender girls to participate in girls' contact and competitive skill sports harms cisgender girls. But the coalition states have not seen any evidence of this so-called harm over decades of enforcing policies that encourage all kids to participate in the sport that aligns with their gender identity.

The coalition states have a long history of protecting transgender and gender-expansive youth in ways that do not reduce opportunities for others. In fact, the states have found that protecting the rights of youth to participate in sports consistent with their gender identity creates a more welcoming school and athletic environment for all kids.

Transgender youth continue to face discrimination, threats, harassment, and bullying that harm their physical and mental health, contributing to negative educational outcomes and higher levels of depression. The coalition highlights reports and peer-reviewed studies showing that participating in sports has led to higher self-esteem and lower rates of depression in LGBTQ students.

In its lawsuit filed in May, FAU argued that Minnesota's laws and policies allowing transgender students to participate in girls' sports violate Title IX of the Education Amendments of 1972 and discriminate against cisgender girls. In his opinion, Judge Tostrud said FAU was not convincing in its arguments that Minnesota denied FAU's athletes "equal treatment" and "effective accommodation" under Title IX. His decision aligns with multiple federal courts that have found that gender-inclusive sports policies fall squarely within the bounds of Title IX.

Joining Attorney General Clark in filingthis brief are the attorneys general of California, Connecticut, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Nevada, New York, Oregon, Rhode Island, and Washington.

A copy of the brief is available on our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171