Exclusive: Dept. of Education Launches Investigation Into Two Athletic Associations That Publicly Defied Trump’s Order Protecting Girls’ Sports

The U.S. Department of Education (DOE) is launching investigations into two blue state athletic associations that have publicly announced plans to flout President Donald Trump’s executive order protecting women’s and girls’ sports teams from the incursion of male athletes who identify as transgender. 

The DOE sent letters to both the Minnesota State High School League (MSHSL) and the California Interscholastic Federation (CIF) on Wednesday notifying the organizations that they are under investigation by the department’s Office for Civil Rights (OCR), Breitbart News has exclusively learned. In the letters, the DOE told the associations, which govern high school sports in their states, that state law “does not preempt or otherwise nullify federal anti-discrimination laws,” and that “member schools remain subject to Title IX and its implementing regulations.” 

“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,” Acting Assistant Secretary for Civil Rights Craig Trainor told Breitbart News in a statement.

“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,” Trainor added. “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.”  

The announcement of the investigation comes just before the Senate confirmation hearing for Trump’s Education Secretary nominee Linda McMahon, which is scheduled for 10:00 a.m. Eastern on Thursday. 

On Feb. 5, Trump kept a major campaign promise and signed an executive order called “Keeping Men out of Women’s Sports,” which states that under Title IX of the Education Amendments Act of 1972, “educational institutions receiving Federal funds cannot deny women an equal opportunity to participate in sports”:

Therefore, it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls and deprives them of privacy.  It shall also be the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.

After Trump signed the order, both MSHSL and CIF publicly announced their intentions to follow state laws allowing athletes to participate on teams based on an individual athlete’s subjective gender identity, rather than biological sex.

In a statement provided to Minnesota schools, MSHSL said the participation and eligibility of “transgender student-athletes” is determined by state law, although the organization said it will “continue to review the existing state laws alongside the new Presidential Executive Order…”:

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.

Likewise, CIF issued a statement to Fox New Digital on Feb. 7 standing by its embrace of “gender identity” in sports:

The CIF provides students with the opportunity to belong, connect, and compete in education-based experiences in compliance with California law [Education Code section 221.5. (f)] which 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.

Ron Nocetti, Executive Director
California Interscholastic Federation

MSHSL Directed Investigation Letter by Breitbart News on Scribd

CIF Directed Investigation Letter Final by Breitbart News on Scribd

The new investigations come after the DOE’s OCR launched investigations into San Jose State University, the University of Pennsylvania, and the Massachusetts Interscholastic Athletic Association for alleged violations of Title IX.

As Breitbart News reported, UPenn became infamous for allowing a transgender swimmer named Lia Thomas to compete on its women’s team in the NCAA championships in 2022, winning some and placing in other categories. More recently, late last year, San Jose State University came under fire for allowing trans player Blaire Fleming to play on its women’s volleyball team. This sparked a revolt inside the school’s team and caused multiple rival teams to boycott games against the California team.

UPenn and SJSU have been the targets of lawsuits by women who oppose the schools’ trans-friendly rules. The NCAA has also been taken to court for allowing trans athletes to compete in women’s sports.

The Massachusetts Interscholastic Athletic Association is involved in lawsuits after a trans athlete caused serious injury to a female player during a KIPP Academy Lynn girls’ basketball game last February.

The National Collegiate Athletic Association (NCAA) notably banned males from competing in women’s sports less than 24 hours after President Trump’s executive order rewriting Title IX.

“A student-athlete assigned male at birth may not compete on a women’s team,” the new policy from the collegiate sports governing body reads.

Since then, the DOE has called on the NCAA and the Federation of State High School Associations (NFHS) to revoke the titles and championships awarded to trans-identifying male athletes who competed in girls’ and women’s sports during the Biden administration.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.