Saint Paul, MN – Today, Attorney General Keith Ellison announced that his office has filed a federal lawsuit to "stop President Donald Trump and his administration from bullying vulnerable children in this state,” because Minnesota will not comply or carry out their destructive bullying against trans girls and women, Two Spirit relatives, and non-binary kids.
In response to today’s announcement, Representative Liish Kozlowski (DFL-Duluth), the first and only Two Spirit legislator in the nation, released the following statement:
“Trans, Two Spirit, and non-binary people predate this state and country. Across time, language, and cultures, we’ve always existed. We will always exist, no matter what any policy, law, or politician says. Being Trans, Two Spirit, and gender expansive is an act of joy, decolonization, and resistance and Minnesotans refuse systematic attempts to drown us in fear, while this administration hurts community after community, that deserves our love, compassion, and protection to live their lives, freely and fully.
“Make no mistake: this lawsuit is not just about trans students and athletes to thrive and play – it’s about standing up against the violation of Minnesotans’ rights and values. We will not bend to this reckless authoritarian campaign to erase trans kids from public life and from becoming adults. We are united & clear: no one is free until we are all free.
“We’re not sitting on our hands, waiting for President Trump to sue us, or cowering over to an administration hell bent on destroying vulnerable communities -- from immigrants and their families to trans kids and queer people. This is about human dignity, sovereignty, freedom, and our shared futures – ours and yours. Here in Minnesota, we know it’s not enough to not be a bully, we must be anti-bully: Transgender people in Minnesota are better protected culturally "and legally than in other states. We don’t close our doors; we protect fleeing trans refugees "from unsafe states and protect their healthcare. We do not give into bullies who are trying to write us out of history and our future.
“When one has power, it’s a responsibility and obligation to use it, and we are using ours to say: to get to trans kids and people, you have to come through us. To trans kids everywhere: no one gets to debate your existence as a trans, non-binary, or two spirit persons. However, and wherever you exist: you are valid, you are loved, and you belong --- and that’s not up for debate.”
In the lawsuit, Attorney General Ellison lays out four causes of action against two Trump executive orders — the “Gender Ideology Order” and the “Sports Ban Order” — and U.S. Department of Justice letters to Minnesota. Those letters threaten to cut federal funding to Minnesota schools and take legal action if the Attorney General does not reverse his formal opinion on Minnesota law. The claims are:
- The executive orders and DOJ letters violate the separation of powers in the U.S. constitution by exceeding the President’s powers and usurping Congress’s exclusive powers to legislate, noting among other points that “the Constitution does not authorize the Executive Branch to override Congress based on the President’s policy preferences;”
- The President and the Administration not only have no authority under Title IX to rescind federal funding from Minnesota schools because Minnesota law allows transgender women and girls to participate on sports teams that align with their gender identity, but they violate Title IX by doing so;
- The Trump Administration’s attempt to force Attorney General Ellison to revise or rescind his February 2025 binding legal opinion, which states that the President’s “Sports Ban Order” does not have the force of law or supersede state-based legal protections for transgender children, violates the Tenth Amendment to the U.S. Constitution, which prohibits the federal government from commandeering the States to carry out federal law or policy; and
- The DOJ letters violate the Administrative Procedure Act, because they are in conflict with Title IX and rely on unauthorized executive orders, and because they are arbitrary and capricious.
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