Minnesota's top lawyer sued President Donald Trump's administration on Tuesday over executive orders related to transgender people, ratcheting up a dispute over legal protections the state has put in place.
Trump's directives seek to override policies like Minnesota’s laws that allow for broad participation of transgender youth in sports. The administration has threatened to withhold funding from schools or states that don't follow new federal restrictions enacted through presidential orders.
In a federal lawsuit, DFL Attorney General Keith Ellison said it amounts to discriminatory and illegal bullying.
“I'm not going to sit around waiting for the Trump administration to sue Minnesota,” Ellison said Tuesday. “Today, Minnesota is suing him and his administration because we will not participate in this shameful bullying. We will not participate for two reasons. One, they're wrong about the law, both federal and state law. Two, we will not let a small group of vulnerable children who are only trying to be healthy and to live their lives be demonized.”
Minnesota is among the states that U.S. Attorney General Pam Bondi has singled out for possible sanctions over state laws and policies providing transgender protections.
“We’re looking at Minnesota. We’re looking at California,” Bondi told reporters last week. “We’re looking at many, many states — but they are the top two that should be on notice because we’ve been communicating with them.”
Ellison’s suit says the executive orders and Justice Department actions violate the separation of powers in the U.S. Constitution. He also contends Trump and his administration don’t have the authority under Title IX to rescind federal funding because it violates state sovereignty.
“That's not how the law works. That's not how the Constitution works, and that's not how democracy works,” Ellison said. “Trump's burning desire to destroy trans kids and punish us for helping them live and thrive isn't just a violation of law. It's a violation of Minnesota values, and we're not going to sell out trans kids or any vulnerable community just to stay in the good graces of the lawless administration.”
Ellison was joined by several legislators and parents of transgender children, including Hao Nguyen of Minneapolis.
“Every child is a blessing, and every child deserves love, peace and protection,” Nguyen said. “And all kids deserve an environment, regardless of who they are, to thrive and to grow. And as a parent, I believe that those values are non negotiable.”
In a statement reacting to the lawsuit, House Speaker Lisa Demuth criticized Ellison for taking the step.
“It's extremely disappointing that Attorney General Ellison would rather risk federal funding and file yet another taxpayer funded lawsuit against the Trump administration than simply do the right thing and keep boys out of girls sports,” said Demuth, R-Cold Spring. “It's a waste of taxpayer money to further a political agenda that makes girls less safe and makes sports less fair."
A message left with the Justice Department was not immediately returned.