For high school sports, decisions loom: Follow Trump or state law on transgender athletes
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Minnesota's governing body for high school sports says it will follow state law — not President Donald Trump's executive order — and continue to allow transgender athletes to compete in prep athletics.
Associations in some other states signaled they also may defy the president's order, but others were taking a wait-and-see approach.
The Minnesota organization said in an email to member schools Thursday that participation by and eligibility of transgender athletes is controlled by the Minnesota Human Rights Act, which contains protections for LGBTQ+ people, and the state 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," the message said. "Therefore, students in Minnesota are allowed to participate consistent with their gender identity.”
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Trump signed the order on Wednesday, giving the federal government wide latitude to pull federal funding from entities that “deprive women and girls of fair athletic opportunities” by allowing transgender athletes to participate. Legal challenges are expected.
In response to Trump's order, the NCAA revised its transgender participation policy to limit women’s college sports to athletes assigned as female at birth. The National Association of Intercollegiate Athletics, a governing body for smaller schools, effectively banned transgender athletes in 2023 from women’s sports.
“My general reaction is just sadness and anger,” said Sawyer Totten, a transgender athlete who competed in cross-country skiing at his Burlington, Vermont, high school. “To see the NCAA almost immediately change its rules to comply with Trump‘s order and try and pass it quietly was sad and heartbreaking.”
The number of transgender athletes competing at the high school and college level is believed to be small, but the topic became a campaign issue for Trump last year as he declared his intent to “keep men out of women's sports." NCAA President Charlie Baker, a former Massachusetts governor, has said there are fewer than 10 transgender athletes competing in sports under his purview.
“Trump‘s executive order is going after those athletes,” Totten, who is now in college, said in a text message to The Associated Press. “I had nothing but positive experiences as a trans athlete in Vermont but it’s going to vary state by state. ... I’m glad to see that some states have said that they will not follow Trump‘s executive order, but they will follow their own state laws.”
The California Interscholastic Federation said it complies with a state law that “permits students to participate in school programs and activities, including athletic teams and competitions, consistent with the student’s gender identity, irrespective of the gender listed on the student’s records,” spokeswoman Rebecca Brutlag said in an email Friday.
New Jersey policy notes that “during gender-separated classes or athletic activities, all students must be allowed to participate in a manner consistent with their gender identity.”
In Colorado, which has a number of trans-friendly laws, the High School Activities Association requires schools to “perform a confidential evaluation to determine the gender assignment” for transgender athletes. The student and their parents must notify the school that the student’s gender identity differs from the one they were assigned at birth.
The New Mexico Activities Association said in a statement that its bylaws say “participating students are required to compete in the gender listed on their original or amended birth certificate.” New Mexico allows anyone over age 18, or parents or guardians on behalf of minors, to change the gender on their birth certificates. The association said it will continue to comply with state law and its bylaws.
The Illinois State High School Association said it was awaiting further guidance. The association said its policy on transgender athletes — it “allows participation by students consistent with their gender identity subject to applicable federal and state laws” — continues to be adapted based on guidance from medical experts and state law.
“We will continue to monitor any state legislation or federal guidance that impacts our policy here in Illinois and work with our Board of Directors to make sure that the IHSA and our member high schools remain in compliance with state and federal law,” Executive Director Craig Anderson said.
The Michigan High School Athletic Association is also “waiting for further clarification on potential conflicts” between the order and the state’s civil rights act, spokesman Geoff Kimmerly said in an email.
The longstanding policy of the Indianapolis-based National Federation of State High School Associations is to leave such decisions up to its state-level affiliates.
“The governance of transgender students’ participation in high school athletics programs is handled on a state-by-state basis. In many cases, state governments have issued rulings on this issue," the policy states. "The NFHS does, however, support attempts by member state associations to establish policies that seek to offer competition for all students who wish to be involved in high school sports.”
Totten, who started cross-country skiing as a 2-year-old, said competing on his high school team gave him “a sense of belonging and it gave me a place where I could just be myself.”
“My coaches and my teammates were all super supportive of me and I never had any issues when it came to competing,” he said. “That was my experience as a trans male athlete. No two trans people’s journeys are the same.”
