On Monday, Oct. 20, the ACLU of Minnesota sent a letter to the Forest Lake Area School Board in response to the deeply disturbing news that the board does not want to protect the rights of trans student athletes. With its letter, the ACLU-MN urges board members to live out the full meaning of their oath of office in support of all students and the state constitution instead of pursuing political division.
Earlier this month, the school board sent a letter to the Minnesota State High School League, the Minnesota Department of Education, and the Attorney General of Minnesota. The school board letter demanded that the MSHSL end its policy that allows all students – including trans students – to play sports and join teams that align with their gender identity. The letter also demanded that the recipients sign an agreement with the U.S. Department of Education Office for Civil Rights (ORC).
ORC is targeting Minnesota schools via a politically motivated attack, claiming that the state is violating Title IX by allowing trans girls to play sports. However, this attack has no legal standing. No court has determined that allowing trans students to play sports consistent with their gender identity violates Title IX. In fact, most courts that considered this issue found that Title IX prohibits laws that would ban trans athletes from playing on women’s teams.
Allowing all students to play on teams that align with their gender identity is the law. It is also the right thing to do.