HHS, Education Refer Minnesota to DOJ for Allowing Males in Girls’ Sports

WASHINGTON — January 26, 2026 — The U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education today notified the Minnesota Department of Education (MDE) and the Minnesota State High School League (MSHSL) that they are referring their cases against MDE and MSHSL to the U.S. Department of Justice (DOJ) for enforcement action due to Minnesota’s ongoing refusal to comply with Title IX of the Education Amendments of 1972 (Title IX) by allowing males to compete in girls’ sports and occupy female-only facilities. Title IX prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance.

On September 30, 2025, the two agencies concluded that MDE and MSHSL violated Title IX’s prohibition on sex discrimination by allowing males to compete in multiple female sports programs and occupy female-only intimate facilities. They offered MDE and MSHSL a proposed Resolution Agreement to voluntarily resolve their Title IX violations or risk imminent enforcement action. Since then, Minnesota has taken no action to protect women and girls from discrimination in sports or harassment in intimate spaces, after indicating in December 2025 that it would not accept the proposed Resolution Agreement or engage in negotiations.

“Minnesota is violating Title IX, and we will not look the other way,” said Health and Human Services Secretary Robert F. Kennedy, Jr. “When states allow males to compete in girls’ sports, they deny young women and girls the protections the law guarantees. After Minnesota refused to comply, we referred this case to the Department of Justice for enforcement.”

“Despite repeated opportunities to comply with Title IX, Minnesota has chosen defiance – continuing to jeopardize the safety of women and girls, deny them fair competition, and erode their right to equal access in educational programs and activities,” said Secretary of Education Linda McMahon. “As Minnesota reels from a massive fraud scandal exposing Governor Tim Walz’s dereliction of duty, today’s referral to DOJ underscores the state's ongoing failure to safeguard its citizens and uphold the rule of law. The Trump Administration will not stop until accountability is delivered for Minnesota’s students.”

In June 2025, HHS initiated a compliance review based on the participation of a male athlete in a MSHSL high school girls’ softball championship. The same month, the U.S. Department of Education expanded its Title IX investigations into MDE and MSHSL to the Title IX Special Investigations Team in partnership with DOJ.

In September 2025, the two agencies determined that this male athlete has competed on the Champlin Park High School girls’ varsity fastpitch softball team since 2023 and each season led the program to a winning record against the other competing all-girls softball teams. They also determined that, over the course of several years, MDE and MSHSL allowed male athletes to compete on the girls’ Alpine ski team, the girls’ Nordic skiing team, the girls’ lacrosse team, the girls’ track and field team, the girls’ volleyball team, and the girls’ fastpitch softball team.

Today’s letter notifies Minnesota that HHS and the U.S. Department of Education will refer the matter to DOJ for proceedings, which could result in termination of Minnesota’s federal funding from the two agencies.