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FIRST ON FOX: The U.S. Department of Education and Department of Health and Human Services have determined that Minnesota education agencies have violated Title IX by allowing biological male trans athletes to compete in girls’ sports, Fox News Digital has learned.
President Donald Trump’s administration found the Minnesota Department of Education (MDE) and the Minnesota State High School League (MSHSL) in violation of Title IX after two months-long investigation into state policies and a transgender pitcher leading a girls’ high school softball team to a state championship.
A Department of Education press release obtained by Fox News Digital cites the pitcher’s performance in the 2025 season for the recent crackdown, stating “the male pitcher overpowered female athletes during five consecutive matches, only giving up one earned run over the course of 35 innings and striking out 27 female batters.”
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The release also cited instances of trans athletes competing in girls’ Alpine skiing, girls’ Nordic skiing, girls’ lacrosse, girls’ track and field team and girls’ volleyball.
“For too many years, Minnesota’s political leadership has found itself on the wrong side of justice, common sense, and the American people. Now the Minnesota Department of Education and the Minnesota State High School League find themselves on the wrong side of Title IX by allowing males to compete in women’s sports,” said DOE Acting Assistant Secretary for Civil Rights Craig Trainor.
“The Trump Administration will not allow Minnesota or any other state to sacrifice the safety, fair treatment, and dignity of its female students to appease the false idols of radical gender ideology. Once an education program or entity takes federal funds, Title IX compliance becomes mandatory. And the federal government will hold Minnesota accountable until it recognizes that fact.”
The DOE and DHHS have now given the state and its education agencies a 10-day deadline to amend its policies to comply with Title IX and President Donald Trump’s “Keeping Men Out of Women’s Sports” executive order.
The conditions for that agreement are:
MDE and MSHSL must rescind or revise any guidance permitting males to compete in girls’ sports to comply with Title IX and to reflect that to the extent State law conflicts with Title IX, federal law preempts State law;MDE will issue a statewide notice to all federally funded entities operating interscholastic athletic programs mandating their strict compliance with Title IX by separating athletics and intimate facilities based on sex;The notice will require these entities to adopt biology-based definitions of “male” and “female” and remind them that non-compliance with Title IX places their federal funding in jeopardy;MDE and MSHSL will submit updated Title IX training, procedure, and process materials for ED’s OCR and HHS’ OCR to review and approve, and will conduct the approved training to MDE and MSHSL personnel;MDE will restore to female athletes all records and titles misappropriated by male athletes competing in female categories, and send each female a letter of apology on behalf of the State of Minnesota for allowing her educational experience to be marred by sex discrimination. MDE will demand in writing that MSHSL take parallel action; andMDE will require each school and MSHSL to submit to MDE an annual certification that they have complied with Title IX.
If these conditions are not met, the state agencies will be referred to the Department of Justice. The DOJ has already filed lawsuits against Maine’s education agencies and California’s over the same issue of trans athletes in girls’ sports.
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Minnesota Attorney General Keith Ellison has already filed his own lawsuit against Trump and the DOJ for trying to enforce its policies to protect girls’ sports in Minnesota. Ellison has bragged about “suing them first” regarding the issue.
Meanwhile, the situation involving the softball player has already prompted another lawsuit by three teenage girls who have had to compete against the trans pitcher.A federal judge dismissed the lawsuit earlier this month.
The lawsuit was filed by three anonymous female athletes against Ellison, Minnesota State High School League Executive Director Erich Martens, Minnesota Department of Human Rights Commissioner Rebecca Lucero and Minnesota Commissioner of Education Willie Jett.
One of the anonymous plaintiffs told Fox News Digital the dismissal is “upsetting” and “frustrating.”
“This is so upsetting. I honestly don’t think it’s fair that this is still going on. I really hoped the court would order it to stop immediately, and now it just feels super frustrating, not only for those affected now but for all the girls it could affect,” she said.
The transgender athlete, Marissa Rothenberger of Champlin Park High School, led the school to a state championship this past year while dominating female opponents.
Rothenberger threw a complete-game shutout, allowing just three hits and striking out six in the championship game, capping off a run that saw Rothenberger pitch all 21 innings across three state tournament games, giving up just two runs. The junior allowed just two runs across 35 total innings in the postseason.
One of the plaintiffs previously told Fox News Digital about what it was like playing against Rothenberger.
“Hitting against him is not only a physical challenge but a mental, too. It’s a mental battle knowing that he has an advantage in the sport that I grew up playing, making it hard to even want to hit against him,” the player said.
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“His ability to get outs and spin the ball is a strong advantage, but, like I said, it’s also incredibly mentally challenging knowing that you’re competing against someone who has unfair advantages leaving you with little to no confidence.
“This issue has affected me in ways that I never imagined. It’s simply unfair, and I hate that nothing is happening to change that. Boys should not be able to take girls’ spots on teams just because they are capable of doing so. I hope that more girls affected by this issue will stand up against this.”
Now, the federal government is stepping up to take action.
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