(The Center Square) – A nonprofit legal organization filed a lawsuit against Minnesota officials claiming Title IX violation for allowing biological males compete in female sports.
Alliance Defending Freedom filed the lawsuit on behalf of Female Athletes United – an organization advocating for protecting female athletics.
Alliance Defending Freedom (ADF) is a “non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life,” it said in a news release
ADF’s release said that “as a result of [Minnesota’s] discriminatory policy, males are displacing and defeating females in their own sports, violating the equal treatment and equal opportunities guaranteed by Title IX.”
The release explained the experiences of three different high school female softball players who lost games and suffered both athletically and physically due to playing against or with a male player.
These girls are members of Female Athletes United and were “forced to compete against a male athlete,” the release said. “The softball team with the male athlete recently defeated last year’s defending state champion team.”
“Minnesota does not place any physical limitations on participation in the female category that attempt to mitigate the recorded advantages that male athletes have on average over females,” the release said.
Senior counsel at ADF Hal Frampton told The Center Square that ADF wants to “ensure that all female athletes have a chance to compete in the sports they love on a fair and safe playing field.”
“Title IX was designed to provide women with equal opportunities,” Frampton said. “Minnesota’s radical sports policy denies women and girls opportunities, upends fairness, and even threatens their safety.”
Frampton told The Center Square that “a male’s belief about his gender doesn’t erase his physical advantages over female athletes. And every girl competing deserves the chance to experience the thrill of victory.”
“Across the country and in Minnesota, we are unfortunately seeing men competing against women and girls, beating them, taking accolades from them, and sidelining them in their own sports,” Frampton said.
“This is wrong and should be concerning for everyone,” Frampton stated.
Frampton said that “the tide is shifting on this topic,” and referenced a New York Times survey that showed 79% of Americans don’t think males should compete in female sports.
“We hope Minnesota officials will wake up to this reality and protect their women and girls, not endanger them,” Frampton said.
The defendants of the lawsuit are Minnesota Attorney General Keith Ellison, Commissioner of the Minnesota Commission on Civil Rights Rebecca Lucero, Executive Director of the Minnesota State High School League Erich Martens, and Minnesota Commissioner of Education Willie Jett, as well as the Independent School District No. 11 School Board, No. 192 School Board and No. 279 School Board.
When reached for comment, the Minnesota Department of Human Rights – of which Rebecca Lucero is the commissioner – told The Center Square that “the Minnesota Human Rights Act is one the strongest civil rights laws in the country and protects every Minnesotan from discrimination.”
“We will respond in court,” the department said.
The Office of the Minnesota Attorney General, the Minnesota State High School League, and Minnesota Education Commissioner Willie Jett have yet to respond to The Center Square’s request for comment.
Co-counsel with ADF on this case and general counsel at True North Legal Renee Carlson told The Center Square that “every girl deserves to compete under rules that respect the reality of physiological differences and the intent of Title IX.”
“Male athletes have measurable physical advantages over females,” Carlson said. “These include greater strength, speed, muscle mass, and cardiovascular capacity.”
“Allowing male athletes to play in female sports puts girls at a disadvantage, both competitively and physically,” Carlson said. “It removes the very conditions that make equal opportunity possible.”
“We are asking the court to require Minnesota to follow Title IX which affords female athletes with the fair and equal opportunities in sports that they deserve under the law,” Carlson said.
“Minnesota’s policy has real consequences,” Carlson said. “It tells girls that their effort and safety doesn’t matter. We brought this lawsuit to defend their right to fair and equal treatment in athletic opportunities.”
