MSHSL UPDATE
February 10, 2025
This important MSHSL Update contains a statement from the League relating to the recent Executive Order and existing State laws. This message is also linked as an alert on the front page of the MSHSL website.
League Seeks Clarity on Executive Order and Minnesota State Law
The recent Executive Order link interpreting Title IX has raised issues and questions for MSHSL Member Schools and the League. This order affects the participation rights of transgender females in athletics. Thus, this creates questions as to the interaction of this Executive Order and Minnesota law. The Minnesota Human Rights Act and the Equal Protection Clause of the Minnesota Constitution prohibit discrimination against any person in any protected class, which includes sexual orientation and gender identity. The Executive Order appears to conflict with current State law.
The Executive Order requires a 60-day window for athletic associations to convene and take action implementing the order. Given the significance of the issue, the League is considering requesting a formal opinion from the Minnesota Attorney General for guidance on the issues involved.
Although much remains unclear, the following reflects our current reality:
- Minnesota is not alone. A number of other states are similarly trying to reconcile existing statutes and policies with the Executive Order.
- At least one media report has inaccurately claimed that the MSHSL confirmed that transgender student-athletes in Minnesota will continue to be able to participate in school sports consistent with their gender identity despite the executive order. Instead, the MSHSL is seeking guidance to better understand how to proceed in the future.
- During this 60-day window as we seek clarification and direction from the state, the MSHSL’s current bylaw remains in place at this time allowing transgender student participation. The bylaw is based on the [Minnesota] Human Rights Act and the State Constitution.
