Judge Largely Rejects Minnesota Bid to Block Trump Admin Title IX Rules on Transgender Students

The ruling leaves the state’s claim to $2.9 billion in federal funding intact.

Valery Evlakhov/Shutterstock

A federal judge on Monday largely dismissed Minnesota’s lawsuit challenging the Trump administration’s interpretation of Title IX, the 1972 law that bars sex discrimination in federally funded education programs and activities.

U.S. District Chief Judge Eric Tostrud of the District of Minnesota ruled that most of the state’s claims fell short.

Minnesota had argued that the administration violated the Administrative Procedure Act and the 10th Amendment by determining that the state’s policies allowing transgender students to compete on sports teams and use facilities consistent with their gender identity breached federal law. Tostrud determined that the administration’s findings and related letters to the state to enforce Title IX did not constitute final agency action that could be challenged under the Administrative Procedure Act. The findings and letters themselves, he wrote, imposed “no legal injury on Minnesota.”

He also referenced a June Supreme Court decision upholding state bans on male athletes in female sports. While the high court did not rule on whether states or schools may allow such participation, the judge said its determination that “sex” in Title IX refers to biological sex offers “at least some support” for the administration’s reading of the statute.

Part of Lawsuit Still Standing

The orders also outlined penalties for federally funded entities that allow male athletes to compete in women’s sports. The administration used the threats of withholding federal education funding to press school districts to end policies allowing students to act based on their gender identity.

Tostrud left intact Minnesota’s challenge tied to the potential loss of roughly $2.9 billion in federal funding, finding that it presented a concrete injury for the court to consider.

The judge noted that the funding issue was a separate issue from challenging the interpretation of Title IX, as the state did not have “sufficiently clear notice” of Title IX’s prohibition on transgender women and girls at the time it accepted the federal funding.

Minnesota stands as the only state to sue President Donald Trump and his administration over his executive orders this term defining sex as binary.

The Justice Department’s enforcement action against the Minnesota Department of Education and the Minnesota State High School League for violating Title IX by allowing males to compete against and access intimate spaces designated for females remains pending.

The Minnesota Attorney General’s office has defended the state’s longstanding policies as consistent with the Minnesota Human Rights Act, which prohibits discrimination based on gender identity. The state has maintained that executive orders and agency findings cannot override state law or rewrite Title IX without proper process.