""Executive guidance and agency findings, in and of themselves, do not reflect settled law," wrote Eighth Circuit Court Judge Raymond Gruender in a decision on behalf of the three-judge panel."
""The Executive Branch's views on [trans participation in sports] may guide its own enforcement approach, but they cannot independently establish a 'strong likelihood' that Doe's participation violates Title IX or its implementing regulations.""
A federal appeals court in Minnesota ruled against a ban on trans athletes in girls' sports, affirming that executive orders do not constitute settled law. The case involved a trans high school senior, Jane Doe, who is the captain of a varsity softball team. The court emphasized that the Executive Branch's views cannot independently establish violations of Title IX. The Minnesota State High School League's bylaw allowing participation based on gender identity had remained largely unchallenged since its introduction in 2016.
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