Minnesota fights to keep suit against Trump’s transgender sports ban alive

ST. PAUL, Minn. (CN) — A federal judge grappled with what constitutes a credible injury Monday as he weighed whether to toss Minnesota’s legal challenge against the Trump administration’s executive orders targeting transgender athletes.

The government argued the “imminent harm” cited in the state’s arguments has yet to come to fruition despite the case’s long existence — clarifying only that investigations have taken place, but no funding has been pulled.

“Here we are a year later, and there’s been no funding cuts,” Justice Department attorney Matthew Donnelly said, adding the state was “jumping the gun” by not waiting for formal agency hearings.

U.S. District Judge Eric Tostrud appeared skeptical of the government’s stance, questioning how the state could lack standing when the administration is currently suing it over the same issue and has made numerous threats of enforcement action based on supposed noncompliance.

“It’s hard for me to understand how being sued isn’t an injury,” the Donald Trump appointee said. “Now the state’s been sued, and you’re suggesting that has nothing to do with this?”

The Trump administration filed the referenced suit in March, claiming Minnesota is in open defiance of Title IX’s antidiscrimination policies by creating unfair competition and denying girls equal athletic opportunities.

Minnesota argued the threat of enforcement alone establishes a credible injury. The state claims the government has already leveled threats against municipalities, universities and public school districts that allow transgender participation in women’s sports.

“This new enforcement action just strengthens what we’ve been concerned about all along,” Minnesota’s attorney, Katherine Bies, said. “These are the types of threats that defendants have been making since April of last year.”

Monday’s hearing stems from an April 2025 lawsuit filed by Minnesota months after President Trump issued two executive orders seeking to eliminate transgender participation in women’s sports.

On his first day in office, Trump issued an executive order declaring it was “the policy of the United States to recognize two sexes, male and female.”

Weeks later, in February, he issued a second executive order directly targeting transgender participation in women’s sports — including a directive to rescind all funds from educational programs that “deprive women and girls of fair athletic opportunities.”

Following Trump’s directive, the U.S. Department of Education announced in February 2025 it would be investigating the Minnesota High School League. Former Attorney General Pam Bondi later told Minnesota the Justice Department stands ready to take all “appropriate action” to enforce federal law if the investigation showed the state is denying girls an equal opportunity to participate in sports.

The Education Department confirmed in September 2025 that Minnesota’s practices violated Title IX by allowing males to compete in female sports and occupy female intimate areas.

“Title IX is a federal civil rights law that prohibits schools from discriminating against students on the basis of their sex, which includes a prohibition on discrimination against students because of their gender identity,” Minnesota said in its amended complaint. “Nevertheless, as part of his unconscionable attack on this tiny minority of the population, President Trump has issued executive orders that purport to reverse those civil rights protections for transgender students.”

Donnelly confirmed Monday federal investigations into the St. Paul Public School District and the University of Minnesota have been ongoing for over a year but declined to share specifics.

“It’s not like there’s going to be an immediate lawsuit or action at these places; there still needs to be an investigation,” Donnelly said. “There’s not an imminent threat.”

Tostrud struggled with Donnelly’s argument, questioning where to draw the line on what is considered a “credible enforcement threat.”

Minnesota claims the Trump administration’s yearlong actions establish more than enough credibility for an injury-in-fact.

“They’re calling out universities and public school districts and threatening to restrict federal funding,” Bies said, adding Tostrud need not even consider Title IX when determining if the government violated the spending clause by exceeding its limits in threatening to withhold funds.

“There is no authority under Title IX and the Constitution for the government to act this way and withhold funds,” Bies said. “The executive order does not rely on any real authority.”

Minnesota also referenced multiple Biden-era lawsuits where Republican-led states challenged the administration’s guidance on allowing transgender participation in sports as examples where states were allowed to pursue legal action.

The government claims, much like in Minnesota’s Medicaid lawsuit this year, the state is jumping the gun by not waiting for proper Administrative Procedure Act hearings to take place before taking legal action.

Minnesota countered it cannot argue against these actions at an APA hearing because the president is not an agency, and the underlying conflict stems from his executive orders.

The state’s attorney general, Keith Ellison, said last year the Trump administration had no authority to rescind funding under Title IX — arguing the attempt to force Minnesota to comply with certain policies violates the 12th Amendment anti-commandeering principles.

“Trump’s unconscionable attack on this small number of vulnerable children is bullying, plain and simple. His burning desire to destroy trans kids and punish us for helping them live and thrive isn’t just a violation of the law — it’s a violation of Minnesota values,” Ellison said in an April 2025 press release. “I’ve been around my share of bullies in my life, and if there’s one thing I’ve learned, it’s that you don’t give bullies an inch. We’re not going to cave at the expense of trans kids — or any vulnerable community that needs our compassion and protection.”

Monday’s hearing is part of an intensifying nationwide battle over transgender athletes, as the Trump administration moves to deny federal funding to schools that allow transgender participation in female sports.

Tostrud said he would issue a ruling as soon as possible.