(The Center Square) – Minnesota Attorney General Keith Ellison is applauding back-to-back court victories in cases involving transgender athletes and transgender healthcare, as legal battles over those policies continue at both the state and federal levels.
In one case, the U.S. Court of Appeals for the Eighth Circuit announced earlier this month its decision to uphold a lower court’s denial of a preliminary injunction sought by a group challenging Minnesota’s policy allowing transgender student-athletes to compete consistent with their gender identity.
The lawsuit, brought by a group known as Female Athletes United, argues the policy violates Title IX. But the appeals court agreed with the district court that the plaintiffs do not have a private right of action under Title IX that would entitle them to an injunction.
“Two courts have now ruled that these plaintiffs have no right to a preliminary injunction in this case,” Ellison said. “I’m proud to defend Minnesota’s inclusive legal protections for student athletes of all genders against anyone who would force us to discriminate.”
The case stems from a longstanding interpretation of the Minnesota Human Rights Act, which has prohibited discrimination based on gender identity in education since 1993.
State policy, implemented through the Minnesota State High School League, has allowed transgender athletes to participate according to their gender identity since 2016.
Female Athletes United is being represented in court by the Alliance Defending Freedom.
“Minnesota’s policy of allowing males to compete in girls’ sports has deprived girls of opportunities—not only for victory and advancement, but also for recognition and awards,” the ADF said in a press release following the court’s decision. “Minnesota officials are still putting the rights of males ahead of females by allowing them to compete in girls’ sports.”
The lawsuit remains ongoing in federal district court.
“ADF is evaluating our options on how to further pursue this litigation,” it said. “No girl should be forced to compete on an unfair playing field. States, including Minnesota, should restore common sense and protect fairness and safety in women’s sports.”
This comes as the U.S. Department of Justice also filed suit March 30 against the Minnesota Department of Education and the Minnesota State High School League, arguing the state’s policies violate Title IX, the federal law that prohibits sex-based discrimination in federally funded education programs.
As previously reported by The Center Square, Minnesota House Republicans failed earlier this year to advance legislation that would restrict participation in girls sports to students assigned female at birth.
In a separate case, Ellison and a coalition of 22 states secured a federal court order blocking an effort by U.S. Health and Human Services Secretary Robert F. Kennedy Jr. to restrict access to transgender healthcare for minors.
The ruling from the U.S. District Court for the District of Oregon was issued last week and permanently blocks a 2025 “declaration” issued by the U.S. Department of Health and Human Services that sought to label certain transgender treatments as “unsafe and ineffective” and threatened providers with the loss of taxpayer funding if they continue them.
The lawsuit, filed in December 2025, argued the federal government lacked authority to impose such restrictions and failed to follow required rulemaking procedures. In its written order, the court sharply criticized HHS’s action.
“Secretary Kennedy’s utter failure to promulgate rules in accordance with statutory authority, but instead threaten to cease federal funding to medical providers almost immediately after the declaration, caused chaos and terror for all those people and institutions of our great nation,” U.S. District Judge Mustafa Kasubhai wrote. “Secretary Kennedy’s unlawful declaration harmed children.”
Ellison echoed that sentiment.
“Gender-affirming care is healthcare, and only patients and doctors, and parents when appropriate, should be making those decisions,” Ellison said. “Kennedy’s so-called ‘declaration’ was driven purely by politics and ideology, not professional standards of care that states alone have the authority to set.”
According to HHS General Counsel Mike Stuart in February, more than 40 hospital systems had ended transgender healthcare for minors in the wake of the declaration from HHS.
“Healthcare system after healthcare system is changing course and stopping sex-rejecting procedures and gender mutilation of our children,” Stuart said. “The evidence is clear—sex rejecting procedures for children are not acceptable standards of healthcare.”
