# United States v. Minnesota Department of Education, 0-26-cv-02078 *Federal civil action under Title IX (D. Minn., filed March 30, 2026) by the United States against the Minnesota Department of Education and the Minnesota State High School League* *United States v. Minnesota Department of Education*, No. 0:26-cv-02078 (D. Minn.), is a civil action the United States filed on March 30, 2026. The defendants are the [[Minnesota Department of Education]] (MDE) and the [[Minnesota State High School League]] (MSHSL). The suit is brought under [[Title IX]] of the [[Education Amendments of 1972]] and seeks declaratory, injunctive and damages relief.[^1] The court's docket lists the nature of suit as 448 Civil Rights: Education and the cause as 20:1681.[^2] As of the last docket entry in the pack (September 30, 2026), both defendants' motions to dismiss had been argued before Chief Judge [[Eric C. Tostrud]] on September 28, 2026. They were taken under advisement with an order to follow, and no ruling appears on the docket.[^3] The complaint alleges that MDE and MSHSL require girls to compete against boys in competitions designated exclusively for girls. It also alleges that they require girls to share intimate spaces, such as multi-person locker rooms and bathrooms, with boys, and that these practices intentionally discriminate on the basis of sex.[^4] The [[United States Department of Justice]] announced the suit the same day in press release No. 26-299, saying it was filed "to enforce the protections of Title IX and ensure fairness and safety for female student athletes in Minnesota."[^5] The Civil Rights Litigation Clearinghouse lists the case as ongoing, with no relief granted.[^6] The pleadings set the State's stated purposes beside the instruments it maintains. As quoted in the complaint, Minn. Stat. § 121A.04 states that its purpose "is to provide an equal opportunity for members of each sex and members of all races and ethnicities to participate in athletic programs." The complaint quotes the statute as last amended by 2023 Minn. Laws ch. 55, art. 12 (H.F. 2497).[^7] MDE's 2017 guidance is titled *A Toolkit for Ensuring Safe and Supportive Schools for Transgender and Gender Nonconforming Students*. The complaint alleges that this guidance, together with the gender-identity provisions of the [[Minnesota Human Rights Act]], operates as an exception to the sex separation that § 121A.04 authorizes.[^8] ## Parties and instrument The plaintiff is the United States, acting through the Justice Department's Civil Rights Division.[^5] The complaint describes MDE as "a government agency of the State of Minnesota." It calls MDE "the primary state agency responsible for implementing and overseeing laws and policies governing public education, including scholastic athletics," and says MDE administers state and federal education funding.[^9] The complaint describes MSHSL as "a nonprofit corporation organized under Minnesota State law" that is also a political subdivision treated as a state agency for some purposes. It states that MSHSL has more than 500 member schools and a 22-member governing board, four of whose members the [[governor]] of [[Minnesota]] appoints. Member schools that delegate athletics to MSHSL must file a certificate of delegation with MDE. MSHSL's self-claimed purpose, as quoted in the complaint, is to "provide, promote, manage and administer a program of activities for the students of member schools on subsection, section and state levels in athletics" and to "establish uniform and equitable rules for students in extra-curricular activities."[^10] The complaint pleads that state law gives MDE's commissioner authority to review MSHSL activities, including "evaluation of any proposed changes in league policy" under Minn. Stat. § 128C.20.[^11] The Justice Department's release likewise states that MDE has authority over MSHSL and local schools' athletic policies, including nondiscrimination rules.[^5] The instrument the suit invokes is Title IX, 20 U.S.C. § 1681, together with its implementing regulations at 34 C.F.R. Part 106 and 45 C.F.R. Part 86. The complaint quotes the statute's operative text: "[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."[^12] It also relies on the athletics regulation, 34 C.F.R. § 106.41, which permits "separate teams for members of each sex" in certain circumstances. It further relies on 34 C.F.R. § 106.33, which allows "separate toilet, locker room, and shower facilities on the basis of sex."[^13] ### Federal funding The complaint states that MDE receives from the U.S. Department of Education "approximately $2.98 billion in federal funding," of which "approximately $679 million remains available for drawdown." It states that MDE receives approximately $42.6 million from the [[United States Department of Health and Human Services]], of which approximately $24.6 million remains available.[^14] The press release gives the combined figure as "more than $3 billion."[^5] The complaint alleges that MDE "entered into contractual assurance agreements" with both agencies to comply with Title IX and to ensure that its subrecipients comply. It alleges that MDE signed several such agreements after Executive Order 14201, *Keeping Men Out of Women's Sports*, 90 Fed. Reg. 9279 (February 11, 2025). The complaint alleges that MSHSL receives federal funds indirectly, through dues paid by member schools.[^14] ## Procedural history - **Pre-suit.** The complaint states that on September 30, 2025, the U.S. Department of Education and HHS notified the defendants that they were not in compliance with Title IX. It states that voluntary compliance could not be secured and that the agencies referred the matter to the Justice Department on January 26, 2026.[^15] It pleads jurisdiction under 28 U.S.C. §§ 1331 and 1345 and authority to sue under 20 U.S.C. § 1682.[^16] - **March 30, 2026.** The complaint was filed and the case was assigned to Judge [[Katherine M. Menendez]], with referral to Magistrate Judge Douglas L. Micko. The same day, an order of reassignment of related cases moved it to Judge Tostrud as 26-cv-2078 (ECT/DLM).[^17] - **April 24, 2026.** The summonses were returned executed. MSHSL had been served April 10 and MDE April 14.[^18] - **April 28–29, 2026.** Counsel for MDE appeared. The parties filed a jointly signed stipulation, and the magistrate judge set May 19, 2026 as the deadline to answer or otherwise respond.[^19] - **May 18–19, 2026.** A U.S. government attorney was admitted pro hac vice. Both defendants noticed motions to dismiss for hearing on September 28, 2026.[^20] - **August 17–18, 2026.** MDE and MSHSL each filed a motion to dismiss with a supporting memorandum. The magistrate judge found "good cause to delay the entry of a pretrial scheduling order" pending decision.[^21] - **September 8, 2026.** The United States filed its response in opposition to both motions.[^22] - **September 15–21, 2026.** Do No Harm, Inc. moved for leave to file an amicus brief, and MDE opposed on September 17. The court denied leave on September 21. The organization appears as "Do Not Harm, Inc." in docket entries 35–40 and as "Do No Harm, Inc." in the court's order, entry 42.[^23] - **September 22, 2026.** Both defendants filed replies.[^24] - **September 28–30, 2026.** At a 35-minute hearing, the motions were "moved, argued and taken under advisement." An expedited transcript was requested on September 30.[^3] ## Claims The complaint alleges that "Defendants' rules, policies, and actions" intentionally discriminate on the basis of sex. It describes the challenged practice as providing an "exception for trans-identifying boys" to sex-separated athletics.[^4] Its legal theory is that "sex" in Title IX means biological sex and "does not encompass or extend to gender identity." For that definition it relies on Executive Order 14168, issued January 20, 2025, and the Sports Executive Order, issued February 5, 2025.[^25] The complaint alleges that the Minnesota Human Rights Act makes discrimination in education because of gender identity an unfair discriminatory practice. It quotes the Act's definition of gender identity as "a person's inherent sense of being a man, woman, both, or neither." It alleges that this provision conflicts with Title IX in athletics and intimate spaces.[^8] The complaint quotes the 2017 Toolkit as stating that "Title IX requires schools provide transgender students with the right to participate in such activities, including athletics, in a manner consistent with their gender identity." The complaint calls that statement incorrect.[^26] It also quotes the Toolkit as relaying that MSHSL "allows participation for all students regardless of their gender identity or expression."[^26] According to the Clearinghouse summary, the complaint brings two Title IX counts, one for sex-based discrimination and one for breach of contractual assurances, and demands a jury trial.[^27] The summary also reports that the complaint describes two anonymized students, "Student A" and "Student B." Those paragraphs fall outside the complaint excerpt in the pack.[^27] ## State position The docket records that MDE and MSHSL each moved to dismiss on August 17, 2026 and filed replies on September 22, 2026.[^21] The text of those motions is not in the pack, so the record here does not establish their grounds. MDE also opposed the amicus motion.[^23] ## Substrate The complaint pleads the following Minnesota statutes and rules as the basis of its theory. - **Minn. Stat. § 121A.04, "Athletic programs; sex discrimination."** The complaint says this section "specifically provides for the separation of school athletics by "sex"". It quotes subdivision 3, which permits teams restricted to "participants of one sex whose overall athletic opportunities have previously been limited."[^7] - **Minn. Stat. § 363A.02, subd. 1(a)(5), and § 363A.13, subd. 1.** These are the Human Rights Act provisions the complaint reads as an exception to sex separation.[^8] - **Minn. R. 3535.3200, "SEPARATION BY TEAMS," and Minn. R. 3535.3300–3535.3400.** The complaint states that these rules let girls try out for boys' teams but not the reverse, and that they "do not specifically use or reference" the terms "gender identity" or "transgender."[^28] - **Minn. Stat. § 128C.01.** This statute authorizes high schools to delegate control of athletics to MSHSL.[^10] The pack records MDE as the issuer of the 2017 Toolkit.[^8] It records the President as the issuer of the two 2025 executive orders on which the federal theory rests.[^25] It does not record the sponsors, party votes or governors associated with the 2023 amendment to § 121A.04 or with the Human Rights Act's gender-identity provisions. ## Related matters The complaint alleges that Minnesota has already conceded that the United States has "taken all the necessary steps to bring an enforcement action." For that point it cites Minnesota's opposition to a motion to dismiss in *Minnesota v. Trump*, No. 25-cv-01608 (D. Minn. Feb. 26, 2026), ECF No. 66.[^15] The docket's March 30, 2026 order reassigned this case to Judge Tostrud as a related case. The docket does not identify the other case.[^17] ## See also - [[United States Department of Justice]] - [[Minnesota Human Rights Act]] - [[Title IX]] ## Notes [^1]: United States of America, *Complaint*, Doc. 1 at 1 and ¶¶ 1, 13, D. Minn. No. 0:26-cv-02078 (Mar. 30, 2026) — parties, Title IX basis, relief sought. https://www.justice.gov/crt/media/1433251/dl [^2]: U.S. District Court for the District of Minnesota, *Docket, United States v. Minnesota Department of Education* (case header) — filing date, nature of suit, cause, assigned judges. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^3]: U.S. District Court for the District of Minnesota, *Docket*, entries 45–46 (Sept. 28–30, 2026) — hearing, motions taken under advisement, transcript request. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^4]: United States of America, *Complaint*, ¶¶ 1, 7–8, 12 (Mar. 30, 2026) — central allegations. https://www.justice.gov/crt/media/1433251/dl [^5]: U.S. Department of Justice, Office of Public Affairs, *Justice Department Sues Minnesota to Protect Girls' Sports and Intimate Spaces*, No. 26-299 (Mar. 30, 2026) — DOJ's announcement, filing by the Civil Rights Division, funding figure, MDE authority. https://www.justice.gov/opa/pr/justice-department-sues-minnesota-protect-girls-sports-and-intimate-spaces [^6]: Civil Rights Litigation Clearinghouse, *United States v. Minnesota Department of Education* (docket last updated Oct. 29, 2026) — case ongoing, no relief granted. https://clearinghouse.net/case/48004/ [^7]: United States of America, *Complaint*, ¶¶ 73–75 (Mar. 30, 2026) — text, purpose clause and amendment history of Minn. Stat. § 121A.04. https://www.justice.gov/crt/media/1433251/dl [^8]: United States of America, *Complaint*, ¶¶ 76–81, 93 (Mar. 30, 2026) — Human Rights Act provisions and definition; 2017 MDE Toolkit title and date. https://www.justice.gov/crt/media/1433251/dl [^9]: United States of America, *Complaint*, ¶¶ 14–17 (Mar. 30, 2026) — description of MDE. https://www.justice.gov/crt/media/1433251/dl [^10]: United States of America, *Complaint*, ¶¶ 18–20, 105–117 (Mar. 30, 2026) — MSHSL status, membership, board, delegation, stated purpose, dues. https://www.justice.gov/crt/media/1433251/dl [^11]: United States of America, *Complaint*, ¶¶ 118–122 (Mar. 30, 2026) — MDE commissioner's authority over MSHSL. https://www.justice.gov/crt/media/1433251/dl [^12]: United States of America, *Complaint*, ¶¶ 6, 40, 55–58 (Mar. 30, 2026) — Title IX text and implementing regulations. https://www.justice.gov/crt/media/1433251/dl [^13]: United States of America, *Complaint*, ¶¶ 61–67 (Mar. 30, 2026) — athletics regulation and facilities regulation. https://www.justice.gov/crt/media/1433251/dl [^14]: United States of America, *Complaint*, ¶¶ 26–34 (Mar. 30, 2026) — federal funding figures, assurance agreements, Executive Order 14201, MSHSL dues. https://www.justice.gov/crt/media/1433251/dl [^15]: United States of America, *Complaint*, ¶¶ 36–39 (Mar. 30, 2026) — notice of noncompliance, referral to DOJ, alleged concession in *Minnesota v. Trump*. https://www.justice.gov/crt/media/1433251/dl [^16]: United States of America, *Complaint*, ¶¶ 21–25 (Mar. 30, 2026) — jurisdiction, venue and authority to sue. https://www.justice.gov/crt/media/1433251/dl [^17]: U.S. District Court for the District of Minnesota, *Docket*, entries 1–5 (Mar. 30, 2026) — complaint, initial assignment, reassignment of related cases. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^18]: U.S. District Court for the District of Minnesota, *Docket*, entries 6–7 (Apr. 24, 2026) — service dates. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^19]: U.S. District Court for the District of Minnesota, *Docket*, entries 8–14 (Apr. 28–29, 2026) — appearances, stipulation, order extending the response deadline. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^20]: U.S. District Court for the District of Minnesota, *Docket*, entries 15–18 (May 18–19, 2026) — pro hac vice admission, notices of hearing. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^21]: U.S. District Court for the District of Minnesota, *Docket*, entries 19–30, 43–44 (July 27–Sept. 22, 2026) — motions to dismiss, scheduling order delay, replies. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^22]: U.S. District Court for the District of Minnesota, *Docket*, entries 32–34 (Aug. 19–Sept. 8, 2026) — United States' opposition. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^23]: U.S. District Court for the District of Minnesota, *Docket*, entries 35–42 (Sept. 15–21, 2026) — amicus motion, MDE opposition, order denying leave. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^24]: U.S. District Court for the District of Minnesota, *Docket*, entries 43–44 (Sept. 22, 2026) — defendants' replies. https://www.courtlistener.com/docket/73111242/united-states-v-minnesota-department-of-education/ [^25]: United States of America, *Complaint*, ¶¶ 41–42, 59–60 (Mar. 30, 2026) — definition of "sex" and Executive Orders 14168 and 14201. https://www.justice.gov/crt/media/1433251/dl [^26]: United States of America, *Complaint*, ¶¶ 94–104 (Mar. 30, 2026) — quoted Toolkit statements and the complaint's allegations about them. https://www.justice.gov/crt/media/1433251/dl [^27]: Civil Rights Litigation Clearinghouse, *Case Summary* (summary dated Apr. 1, 2026) — two counts, jury demand, Student A and Student B. https://clearinghouse.net/case/48004/ [^28]: United States of America, *Complaint*, ¶¶ 82–92 (Mar. 30, 2026) — Minn. R. 3535.3200–3535.3400 and their text. https://www.justice.gov/crt/media/1433251/dl