Background
- The Minnesota State High School League (MSHSL) regulates extracurricular activities for its 624 member schools, which receive state and federal funding.
- President Trump issued Executive Order 14201 in February 2025, directing the Secretary of Education to enforce Title IX against schools that allow transgender students to participate in girls’ sports, threatening to rescind funding.
- The MSHSL requested an advisory opinion regarding the legal effect of the Executive Order and potential conflicts with the Minnesota Human Rights Act (MHRA).
- The MHRA expressly prohibits schools from discriminating based on gender identity, including in extracurricular activities.
- The issue is whether the Executive Order preempts or overrides MHRA protections and Minnesota’s constitutional equal protection guarantees.
- The Attorney General’s Office opined that following the Executive Order—but barring transgender students from activities aligned with their gender identity—would violate Minnesota law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Executive Order preempt the Minnesota Human Rights Act (MHRA)? | Executive Order preempts state law | MHRA prohibits discrimination regardless of EO | EO does not preempt Minnesota law |
| Does the Executive Order override Minnesota’s equal protection clause? | EO controls due to federal supremacy | State constitutional protections prevail | EO does not override Minnesota equal protection clause |
| Does complying with EO create MHRA liability for districts? | EO compliance is mandatory | MHRA protects gender identity rights | Complying with EO violates MHRA |
| Does compliance by MSHSL itself violate MHRA? | EO must be enforced by all involved | MHRA is binding on MSHSL as an educational organization | Yes, MSHSL would violate MHRA if it complies with EO |
Key Cases Cited
- Crosby v. Nat’l Foreign Trade Council, 530 U.S. 363 (2000) (federal law preempts state law only if federal action has force of law)
- Wyeth v. Levine, 555 U.S. 555 (2009) (federal regulation preempts state law only if issued under congressional authority)
- Indep. Meat Packers Ass’n v. Butz, 526 F.2d 228 (8th Cir. 1975) (executive orders have force of law only with explicit congressional delegation)
- N.H. v. Anoka-Hennepin Sch. Dist. No. 11, 950 N.W.2d 553 (Minn. Ct. App. 2020) (school must allow transgender students to use facilities consistent with their gender identity under MHRA)