Dear John,

True North Legal is disappointed by the Minnesota Supreme Court’s decision today in JayCee Cooper v. USA Powerlifting. The Court ruled that USA Powerlifting’s policy separating men and women in powerlifting competitions discriminates against men who identify as women, violating the Minnesota Human Rights Act (MHRA). 

“Allowing males to compete in women’s sports spells the end of women’s sports. It only takes one male athlete to change the entire playing field, a commonsense fact that the legislature understood when it enacted a law expressly allowing sex-based athletic teams. Today, the Court has flipped that statute on its head, defying science and common sense, but even worse, disregarding legal protections for women and girls across the state,” said Renee Carlson, General Counsel of True North Legal.

While the result is disconcerting, the Court’s ruling leaves unanswered several questions about potential defenses to claims of “transgender” discrimination. For example, the Court ruled that USA Powerlifting is entitled to a trial on the issue of whether it had a legitimate business purpose for its policy protecting female athletes. In addition, the Court declined to consider a law that exempts sex-separated sports teams and competitions from the MHRA—an argument we raised in our amicus brief filed in support of USA Powerlifting in this case. 

Moreover, it is important to note that sports teams operated by public schools are not affected by this decision—as the Trump Administration has recently determined, schools that allow males to compete against female sports teams violate Title IX.

True North Legal Director of Litigation Doug Wardlow said, “The Court’s ruling unjustly punishes USA Powerlifting for its common-sense practice of separating men and women in powerlifting competitions—a practice designed to protect athletic opportunities for women. That said, the broader impact of the ruling is limited. The Court left open several legal avenues to defend sex separation in sports. In addition, the decision does not affect public-school sports, where Title IX bars males from playing on female teams."

Minnesota’s sons and daughters must be protected. We will never stop fighting to keep men out of girls’ sports and private spaces. For example, we will continue to lead on legislation, such as the Preserve Girls’ Sports Act, which was cited by the Trump Administration in support of its Title IX determination. Regardless of what any court says, the fact remains that a person’s sex—male or female—is a God-given gift that cannot be changed.