Court upholds Minnesota’s policy allowing males in female sports

A federal appeals court ruled against a women’s sports advocacy group Wednesday, leaving intact a Minnesota policy that allows biological males to compete in women’s sports. The 8th U.S. Circuit Court of Appeals wrote in its ruling that the Minnesota State High School League’s policy did not intentionally discriminate against female athletes. The policy, implemented in 2016, allowed high school athletes to participate in sports consistent with their self-proclaimed gender identity. Female Athletes United sued over the law in 2025, arguing that it violated Title IX, the landmark federal women’s rights law against discrimination in education.

The 8th Circuit’s ruling will prevent women from enforcing their Title IX rights, said Kristen Waggoner, the CEO of Alliance Defending Freedom, which represents Female Athletes United. The ruling has denied women equal opportunities, upended basic fairness, and threatened safety as men have physical advantages over women, she said.

What else did the ruling say? Writing for the majority opinion, U.S. Circuit Judge Raymond Gruender said that Female Athletes United lacked a private right of action under Title IX. The state’s policy did not engage in intentional discrimination, he wrote. Female Athletes United had argued that a male high school softball player, who identified himself as a transgender female, deprived female athletes of equal opportunity. The transgender athlete prevented teams from winning championships or caused players to lose recruitment visibility, the group had contended. However, Judge Gruender wrote that the state did not intentionally discriminate through this single athlete.

How does this ruling interact with pending U.S. Supreme Court cases? The Supreme Court heard cases in January on two state laws that bar biological males from competing in women’s sports. A decision is expected by July. Waggoner said the Minnesota cases questioned whether states must protect women’s sports, while the two federal cases weighed whether states may protect women’s sports. She emphasized that it was wrong for a man to take a woman’s trophy, no matter what state it occurred in. 

Dig deeper: Read Juliana Chan Erikson’s report for Relations on the transgender sports questions raised by the Supreme Court cases.