The Upper Midwest Law Center (UMLC), a local public interest law firm, recently sent a letter to the U.S. Department of Education’s Office for Civil Rights requesting an investigation — and enforcement action, if necessary — into 16 Minnesota school districts over alleged Title IX violations.
The September letter argues that the districts’ sexual identity policies violate Title IX, the U.S. Constitution, and federal executive orders.
According to UMLC, the firm also sent letters to the 16 districts and the Minnesota State High School League (MSHSL), alleging that they were likely violating the same provisions.
The letters target policies that UMLC says allow boys to participate in girls’ sports, use girls’ restrooms and locker rooms, and share overnight accommodations with girls based on their stated sexual identity preference. UMLC also argues that several districts allow or require schools to socially transition students through name and pronoun changes without parental notice or consent.
The 16 school districts named by UMLC, and links to the policies challenged by the law firm, are provided below.
State and federal conflict
In February 2025, Minnesota Attorney General Keith Ellison sent a letter to the MSHSL stating that adherence to federal executive orders on the issue would “violate” the Minnesota Human Rights Act. His position implied that the league should continue allowing biological males to participate in girls’ sports. UMLC argues Ellison’s position “is contrary to federal law, has created confusion for school districts, and makes federal enforcement action more urgent.”
Ellison also sued the Trump administration in spring 2025 over its interpretation of Title IX. A federal judge rejected most of the claims under the Administrative Procedure Act and the Tenth Amendment.
In spring 2026, the U.S. Department of Justice (DOJ) filed a lawsuit against the Minnesota Department of Education and MSHSL, alleging that the two organizations “have engaged in sex-based discrimination by requiring girls to compete against boys in athletic competitions that are designated exclusively for girls and allowing boys to invade intimate spaces designated exclusively for girls, such as multi-person locker rooms and bathrooms.”
According to the DOJ, the policies undermine the very protections Title IX was enacted to guarantee. The lawsuit is still pending.
Efforts to change MSHSL sports policy
The timing of UMLC’s letters coincides with a grassroots effort called Make It Fair MN, which is focused primarily on sports participation. The group is informing Minnesota schools that they can change sports policy “without waiting for another legislative session, another election, or years of additional litigation.”
The MSHSL has allowed transgender students to participate on sports teams consistent with their gender identity since 2014, when its board adopted the policy. Make It Fair MN contends that the policy was adopted by the MSHSL board rather than through a vote of the League’s member schools. Under MSHSL’s constitution, each of the 509 member schools can propose and vote on bylaw amendments through their two appointed representatives.
Make It Fair MN has circulated a proposed amendment that would define eligibility for sex-separated sports based on biological sex at birth. The change, according to Make It Fair MN, could also address issues raised in the DOJ lawsuit.
The amendment’s success depends on action by MSHSL member schools and their representatives. Make It Fair MN says changing the policy would restore “equal protection and fair competition” in Minnesota school sports.
UMLC is also looking for potential plaintiffs affected by the policies. Anyone with information about the policies or who believes they may be affected can contact UMLC at [email protected].