"So when the Minnesota Supreme Court said that USA Powerlifting's policy is "facially discriminatory," it meant that even without looking at intent or how it's enforced, the rule explicitly treats transgender women differently from cisgender women: by saying trans women can't compete in the women's division. Cooper sued the sporting regulator in 2021 after it rejected her petition to compete in the women's division in 2018 over a policy which bans trans men and women from elite competitions consistent with their gender identity."
"The state's top court argued Cooper is protected by the Minnesota Human Rights Act, which protects trans people from discrimination based on their identity. The case was partially sent back to a lower court, which will determine whether USA Powerlifting has a "legitimate business purpose" to exclude trans people from gendered competitions. It noted that attorneys would have to justify whether "seeking to ensure competitive fairness in an athletic competition" meets the law's exceptions on "legitimate business purpose.""
The Minnesota Supreme Court ruled that USA Powerlifting's policy barring JayCee Cooper from the women's division is facially discriminatory because the policy's wording explicitly differentiates transgender women from cisgender women. JayCee Cooper sued after a 2018 petition to compete in the women's division was rejected under a policy banning trans men and women from elite competitions. The court found Cooper is protected by the Minnesota Human Rights Act. The case was sent back to determine whether USA Powerlifting can show a legitimate business purpose, such as competitive fairness, that meets the law's exceptions. A 2023 district court had ordered USA Powerlifting to cease discriminatory practices; the regulator appealed.
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