Summary
This February 20, 2025 advisory opinion from the Minnesota Attorney General addresses whether Executive Order 14201 preempts Minnesota state law regarding transgender student participation in extracurricular activities. The opinion concludes that the Executive Order lacks the force of law and therefore does not preempt the Minnesota Human Rights Act or the equal protection clause of the Minnesota Constitution. Furthermore, it advises that school districts and the Minnesota State High School League would violate state anti-discrimination laws if they comply with the order by prohibiting students from participating in activities consistent with their gender identity.
Topics
Practice areas
Questions Presented
- Whether Executive Order 14201 supersedes or preempts the Minnesota Human Rights Act, Minn. Stat. §363A.01 et seq., which prohibits discrimination based on gender identity in education.
- Whether Executive Order 14201 supersedes or preempts the equal‑protection clause of Article 1, Section 2 of the Minnesota Constitution.
- Whether a school district that complies with the Executive Order and prohibits a student from participating in extracurricular activities consistent with the student’s gender identity would be liable under the MHRA.
- Whether the Minnesota State High School League that complies with the Executive Order and prohibits a student from participating in extracurricular activities consistent with the student’s gender identity would be liable under the MHRA.
Holdings
- The Executive Order does not have the force of law and therefore does not preempt Minnesota law.
- Prohibiting students from participating in extracurricular activities consistent with their gender identity would violate the MHRA.
Key quotations
“The Executive Order does not have the force of law and therefore does not preempt any aspect of Minnesota law.” (at 3)
“Prohibiting students from participation in extracurricular activities consistent with their gender identity would violate the MHRA.” (at 4)
Factual background
The Minnesota State High School League (MSHSL) is a nonprofit voluntary association that regulates interscholastic activities for 624 member schools, which receive state and federal funding. The Executive Order 14201, signed by President Trump on February 5, 2025, directs the Secretary of Education to prioritize Title IX enforcement against institutions that deny female students equal participation in sports and to rescind funding for non‑compliant programs. The Attorney General was asked whether the order preempts the Minnesota Human Rights Act (MHRA) and the state constitution’s equal‑protection clause, and whether compliance would expose the League or school districts to MHRA claims.