Federal appeals court says Trump orders aren’t law, rejects trans athlete ban in Minnesota

A federal appeals court on Wednesday handed transgender students in Minnesota a significant legal victory, allowing the state to keep enforcing a policy that lets high school athletes compete consistent with their gender identity.

In Female Athletes United v. Ellison, the U.S. Court of Appeals for the Eighth Circuit upheld a lower court’s refusal to block the policy, leaving intact a Minnesota State High School League bylaw adopted in 2016 that allows participation “consistent with their gender identity or expression.”

The challenge came from Female Athletes United, which sought a preliminary injunction barring transgender girls from competing on girls’ teams. The group argued that Minnesota’s policy violates Title IX, the federal law banning sex discrimination in education.

But the Eighth Circuit said the group’s claims were not likely to succeed. Writing for the panel, Judge Raymond Gruender said Title IX does not provide a private right of action for the kind of disparate-impact claims FAU brought here. Instead, the court said, private plaintiffs may sue under Title IX only for intentional discrimination.

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The opinion also rejected FAU’s argument that Minnesota’s refusal to follow Trump administration guidance showed deliberate indifference. President Donald Trump has issued several executive orders, which are not laws, targeting transgender people, including whether they can participate in sports.

“Executive guidance and agency findings, in and of themselves, do not reflect settled law,” the panel wrote, adding that such actions “cannot independently establish a likelihood that certain policies or conduct violate federal rights.”

Instead, the court emphasized that the underlying legal question remains unresolved nationwide.

“There can be no dispute that whether Title IX requires, permits, or prohibits the participation of transgender athletes in female athletics remains an open question of law,” the opinion states.

The U.S. Supreme Court heard two cases this term that will determine whether states can ban transgender women and girls from participating in women’s sports. That decision is expected by July.

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The National Women’s Law Center, which filed an amicus brief alongside 19 additional education, civil rights, and gender justice organizations, argued that Minnesota’s inclusive policy is consistent with Title IX’s purpose. The brief says Title IX is meant to ensure equal opportunities and benefits for women and girls and to combat sex stereotypes, not to exclude transgender students.

The brief also warned that exclusionary policies can harm all women and girls by increasing scrutiny of athletes’ bodies and appearances and by encouraging invasive policing of who is considered female enough to compete.

For now, the ruling means Minnesota can continue allowing transgender students to play school sports with their classmates while the broader national legal fight over Title IX and trans athletes continues.