Bill in Minnesota Legislature says only females at birth can participate on girls sports teams

A bill introduced in the Minnesota House would allow only females assigned at birth to participate in elementary and secondary school sports teams designated for women or girls.

The measure, introduced by Rep. Peggy Scott, R-Andover, drew more than than two dozen people testifying both for and against it at the House Education Policy Committee meeting Wednesday. They included lawyers, doctors, parents, coaches and student athletes. Testimony spilled into the evening hours before lawmakers voted along party lines to send it to the House floor.

A female is defined in the bill by their reproductive system.

In a letter opposing the bill, Dr. A. Kade Goepferd, a pediatrician and chief education officer at Children’s Minnesota, a hospital in Minneapolis, and Kyja Foster, a clinical psychologist, said they were fearful of “immediate and long term consequences for the physical and mental health and well-being of transgender athletes in Minnesota.”

They were also concerned about young athletes who might be “flagged” for further evaluation to “confirm” their sex assigned at birth, they wrote.

At a time when girls and young women involved in athletics have been victims of sexual assault and abused by coaches and athletic trainers, “we do not need reasons or excuses for adults to be examining or investigating the bodies of young athletes,” they said.

But Scott said “this bill is about the obvious thing in front of us: There’s a difference between male and female athletes. We’re trying to protect girls.”

Laurel Audette, a ninth-grade student from St. Paul, testified that the bill is necessary to protect “the fairness and safety of women’s sports. Female athletes across Minnesota work incredibly hard to succeed in their sport, and for biological males to be allowed to compete alongside women in the same events and possibly come out on top, taking women’s places, is completely unfair and ruins the enjoyment of sports for women.”

The bill comes after President Donald Trump signed an executive order earlier this month intended to ban transgender athletes from participating in girls’ and women’s sports.

The order, titled “Keeping Men Out of Women’s Sports,” gives federal agencies wide latitude to ensure entities that receive federal funding abide by Title IX in alignment with the Trump administration’s view, which interprets “sex” as the gender someone was assigned at birth.

The Department of Education recently released instructions directing K-12 and college Title IX administrators to adhere to Trump’s executive order forbidding trans women from participating in sports teams that match their gender identity. The NCAA has followed suit and now prohibits trans women from participating in female sports teams.

The Minnesota State High School League administration and its advisers said the federal order is in direct violation of the equal protection clause of the Minnesota Constitution. In general, students have been allowed to participate in sports consistent with their gender identity in Minnesota. The league is currently studying the issue.

Emma McBride, executive director of the Council on LGBTQIA2S+ Minnesotans, also wrote a letter of opposition, noting that for transgender students facing social isolation “being part of a team can be life-changing.”

McBride noted that research indicates transgender youth experience higher rates of anxiety and depression due to “systemic discrimination and social stigma, and inclusive sports participation has been linked to improved mental health and self-esteem.” Excluding transgender youth from sports may “increase their vulnerability at a time when support systems are most needed.”