Flick International Softball field at dusk with a dramatic stormy sky illustrating tension in women's sports

Minnesota Softball Player Takes a Stand Against Gender Identity Policies in Sports

Minnesota Softball Player Takes a Stand Against Gender Identity Policies in Sports

M.S. dedicated years to honing her skills as one of the top pitchers on her club softball team. As a 17-year-old athlete, the pressure to perform was nothing new for her. However, everything changed when she discovered that her new competition for the pitching position was a male athlete. This shocking revelation sparked a powerful response.

“I just started bawling right away,” M.S. recounted in an interview. “I was pushing myself all season to do my best, and once I found out, I felt like all that work was for nothing. The boy would still beat me no matter what I did.” This heart-wrenching moment led her to make a difficult decision: she chose to leave her club team.

“If there’s a boy on this team, I’m not going to be playing,” she emphasized. This boy, who identifies as a girl, is Marissa Rothenberger, a junior at Champlin Park High School. Rothenberger recently led her team to victory in the Class AAAA Minnesota girls’ softball state championship by pitching a shutout.

In light of these events, M.S. has taken on the role of plaintiff in a federal lawsuit initiated by the Alliance Defending Freedom (ADF) in collaboration with Female Athletes United (FAU). This lawsuit contests Minnesota’s policies that permit trans-identifying male athletes to compete in girls’ sports.

The foundation of the lawsuit is the assertion that Minnesota’s gender-identity-based eligibility rules violate Title IX, a federal statute designed to prevent sex-based discrimination in schools, including athletics.

“Minnesota’s current policy allows male athletes to compete in women’s sports,” explained ADF Legal Counsel Suzanne Beecher, who represents the plaintiffs. “Under Title IX, institutions receiving federal funding are obligated to provide equal opportunities for female athletes. Title IX supersedes state policies that infringe upon the equal accommodation requirements mandated by federal law.”

Beecher argues that the implications of this policy extend beyond fairness, bringing into question the safety of female athletes who face physical competition with biological males, as well as issues surrounding opportunities lost due to inequitable competitive environments.

“This is harming girls,” Beecher stated. “It jeopardizes their safety and denies them the chance to advance and succeed. Many of these girls have invested countless hours into perfecting their skills. It is truly disheartening to witness Minnesota’s unjust policies depriving them of a fair competitive landscape.”

In February, a significant executive order was signed by former President Donald Trump aimed at prohibiting males from participating in girls’ and women’s sports, reinforcing the protections laid out in Title IX. This order signaled that states not adhering to these guidelines risk losing essential federal funding.

However, the Minnesota State High School League (MSHSL) announced a direct defiance of this executive order. The league reiterated its longstanding policy that permits student-athletes to compete according to their gender identity, irrespective of their biological sex, citing the Minnesota Human Rights Act and the state constitution as validations for its stance.

This policy allows individuals to amend the sex designation on their birth certificates through a physician’s note or a court order, creating an avenue that effectively sabotages the very safeguards intended for female athletes.

“The rationale for distinct male and female sports lies in the physiological differences inherent between the sexes,” Beecher noted. “States are required to develop policies that genuinely differentiate sports to ensure there is a protected category for female athletes. Girls deserve an equitable and secure environment to compete and achieve victories.”

The intensity of this issue reached new heights during the MSHSL Girls’ State Softball Tournament. Rothenberger played a pivotal role in leading Champlin Park High School to the state championship finale. Her remarkable performance included back-to-back complete games, along with hitting two doubles that contributed significantly to her team’s victory against White Bear Lake.

M.S. also participated in the tournament, representing Farmington High School. Although her team was eliminated in the quarterfinals, she observed the competitive spirit of her fellow athletes closely. She felt a sense of dismay watching her peers confront the reality of their potential defeat against a male competitor.

“There are so many more deserving girls than just a boy dominating the game,” she remarked with bittersweet honesty. “It was heartbreaking to witness so many girls in tears, realizing their chance at winning a state title was taken from them simply because a boy was pitching against them.”

Despite her disappointment, M.S. is committed to continuing her softball journey at St. Cloud State University. However, joining the lawsuit was not solely about her personal ambitions. It was also about advocating for the future of girls’ sports.

“I wanted to be part of this legal action because it’s painful to see a boy excelling in the sport that me and countless other girls have cherished and played for years,” she expressed. “This sport has been a safe space, and that reality has now shifted. That is why I felt compelled to take this step.”

M.S. has a candid message for the future of sports: “I want just girls playing in girls’ sports. Get men out of women’s sports.”

ADF highlights that Minnesota’s policies do not just contravene federal law but also suppress the voices of those who are directly affected by these regulations. Reports have emerged indicating that several parents and students at the tournament received warnings from school officials, discouraging them from voicing dissent or wearing statements opposing trans participation in sports.

“Not only is Title IX being compromised, but female athletes are being muted,” Beecher stated. “They’re being told they cannot express their thoughts on their rights.”

Kristi Burton Brown, chairperson for FAU, articulated her support for M.S. and her fellow athletes in a forceful message. “Minnesota’s extreme gender ideology has led many girls to lose vital opportunities and face safety risks, impacting three of our high school athletes,” she asserted. “The science is unequivocal regarding the physiological advantages male athletes have, rendering it unjust and unsafe to permit them to compete against women, irrespective of their identity. Yet Minnesota prioritizes ideology over fairness and safety.”

She concluded, “To safeguard female athletes’ safety and opportunities, only girls should be permitted to compete in girls’ sports. Minnesota must update its policy to mirror biological realities.”

M.S. plans to return to the field for her senior year, hoping that there will be notable changes in regulations by then. She remains optimistic about a future where female athletes can compete on an equal footing.

“I hope the state tournament next year will drastically differ from this year,” she stated with resolve.