MSHSL's transgender athlete policy under investigation by US Department of Education

MINNEAPOLIS (FOX 9) - The United States Department of Education announced an investigation into the Minnesota State High School League (MSHSL) after the state organization previously said it will allow students to participate in sports consistent with their gender identity.

This follows President Donald Trump's executive order last week banning transgender athletes from women's and girl's sports. 

MSHSL added that transgender student-athletes' eligibility to participate in sports is determined by state law.

The California Interscholastic Federation (CIF) is also part of the same investigation. 

READ MORE: MSHSL will follow MN law on transgender athletes in sports, not Pres. Trump's order

Federal investigation

What they're saying:

A statement was released by Acting Assistant Secretary for Civil Rights Craig Trainor:

"The Minnesota State High School League and the California Interscholastic Federation are free to engage in all the meaningless virtue-signaling that they want, but at the end of the day they must abide by federal law. OCR’s Chicago and San Francisco regional offices will conduct directed investigations into both organizations to ensure that female athletes in these states are treated with the dignity, respect, and equality that the Trump Administration demands. I would remind these organizations that history does not look kindly on entities and states that actively opposed the enforcement of federal civil rights laws that protect women and girls from discrimination and harassment."

Part of the executive order states that "it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities," and to take "all appropriate action to affirmatively protect all-female athletic opportunities and all-female locker rooms and thereby provide the equal opportunity guaranteed by Title IX of the Education Amendments Act of 1972."

The federal announcement ended by saying "Both state laws allow athletes to participate on teams based on an individual’s subjective gender identity rather than biological sex, even though biological sex is the basis for Title IX protections. State laws do not override federal antidiscrimination laws, and these entities and their member schools remain subject to Title IX and its implementing regulations."

Minnesota State High School League

The backstory:

Following the president's executive order last week, MSHSL said that the eligibility of transgender student-athletes is "determined by state law, through the Minnesota Human Rights Act and the Minnesota Constitution." 

The organization will continue to abide by the anti-discrimination laws in the state, which doesn't allow discrimination based on gender identity. 

Because of these state laws, students in Minnesota can participate in sports consistent with their gender identity, despite Trump's new Executive Order. 

MSHSL says it will "continue to review the existing state laws alongside the new Presidential Executive Order and its timeline, processes for states, and requirements that are included." 

Here is the full statement MSHSL provided to its schools: 

"In Minnesota, participation and eligibility of transgender student-athletes is determined by state law, through the Minnesota Human Rights Act and the Minnesota Constitution. The Minnesota State High School League, similar to other youth sports organizations, is subject to state anti-discrimination laws, which prohibit discrimination based on gender identity. Therefore, students in Minnesota are allowed to participate consistent with their gender identity. League Member Schools have done excellent work in respecting students and their individual situations as they determine their participation and eligibility within interscholastic sports."

"The League will continue to review the existing state laws alongside the new Presidential Executive Order and its timeline, processes for states, and requirements that are included."