ST. PAUL, Minn. (AP) — The Minnesota Supreme Court is being urged to allow a transgender athlete to participate in women’s powerlifting competitions, with the athlete’s legal team arguing protection under the Minnesota Human Rights Act.
JayCee Cooper faced rejection from USA Powerlifting in 2018 due to perceived strength advantages. In 2021, Cooper filed a lawsuit and initially won in trial court. However, the Minnesota Court of Appeals returned the case to trial court earlier this year, citing unresolved issues regarding potential discrimination based on transgender identity and whether USA Powerlifting had valid grounds for their decision. The case is now before the state’s highest court.
Attorney Christy Hall, representing Cooper, argued that policies from USA Powerlifting discriminate against transgender women, regardless of their physical abilities, and urged the court to overturn the Appeals Court’s decision. Hall stated, “It holds that stereotypes about people’s bodies as a group may legitimately be used to discriminate against individuals.” She likened this to arguing against women’s roles in professions like firefighting based on generalized strength assumptions.
Meanwhile, USA Powerlifting’s lawyer, Ansis Viksnins, maintained that determining a discriminatory motive is crucial, rather than solely considering if the action appears discriminatory. He supported the Appeals Court’s decision to reassess whether the organization had legitimate reasons for barring Cooper. Viksnins expressed concerns over potential impacts on women’s sports if Cooper’s stance was upheld.
The participation of transgender individuals in sports remains a contentious subject nationwide, featured prominently in recent elections. Former President Donald Trump openly opposed such participation during his campaign, which was seen as a setback by LGBTQ-rights advocates. Currently, 24 states have legislation preventing transgender women and girls from certain sports competitions, with the U.S. Supreme Court set to address related issues soon.
The Minnesota case has garnered significant attention, with numerous athletes and organizations filing briefs. Notably, former tennis star Martina Navratilova was among 83 female athletes supporting USA Powerlifting. Conversely, the local LGBTQ+ rights group, Gender Justice, backed Cooper.
The Minnesota Human Rights Act offers extensive protections, including against sex-based discrimination, and was recently amended to explicitly include gender identity. This aligns with Minnesota’s status as a refuge for those seeking gender-affirming care.
State Sen. Erin Maye Quade, an adviser to Gender Justice, emphasized the importance of living without discrimination, stating, “We believe in the right to live free from discrimination, and to pursue one’s dreams.” She highlighted Minnesota’s role as a supportive state for transgender individuals amid growing national hostility.
USA Powerlifting argued that transgender female athletes have a notable advantage in strength-based sports like powerlifting. The organization has offered an open division for all gender identities since 2021. Viksnins noted post-hearing that performance differences justify the exclusion of transgender women from the women’s division, asserting the need for a jury to consider their rationale.
The justices are currently deliberating and have not specified when a decision will be announced. Although based on Minnesota state law, the ruling could influence similar cases in other jurisdictions.
