Trans athlete battle goes to Supreme Court in Minnesota

ST. PAUL, Minn. (FOX 9) - The fight over transgender sports participation came to the Minnesota Supreme Court on Tuesday, as justices heard arguments in the case of a transgender woman fighting USA Powerlifting over its ban on trans competitors in its women’s division.

Room for nuance?

Some of the justices seemed to be looking for nuance or gray area, but the case itself is black and white.

The league won’t let JayCee Cooper into its women’s competitions and advocates say that violates Minnesota law.

Case for competing

For a quarter of her life, Cooper has lived as a woman.

But even after nine years on the corresponding hormones, USA Powerlifting won’t let the 37-year-old — or anyone else born male — to compete in its women’s division.

Cooper’s attorneys call that discrimination.

"In 1993, Minnesota became the first state in the country to expressly protect transgender people in our civil rights law," said Jess Braverman, legal director for Gender Justice.

The NCAA and the International Olympic Committee have tried to use science to navigate transgender competition.

They’ve added restrictions related to testosterone levels.

Swimmer Lia Thomas would no longer qualify, but Cooper would.

Compromise?

Minnesota’s Supreme Court justices asked her attorneys if those rules could be an acceptable compromise.

"Would it matter if USA Powerlifting had used a language similar to what the Olympics has done, that there’s a certain testosterone level that if you surpass that, that you then cannot participate in that sport," asked Associate Justice Anne K. McKeig. "Would that make a difference for you?"

"So, that is definitely a different situation," said attorney Christy Hall.

But instead of following IOC guidelines, the league created a mixed division where transgender athletes can compete.

Backing the ban

Its leaders say they’re leaning on research showing there’s up to a 65% performance advantage for people who are biologically male.

And they say hormone therapy doesn’t erase the edge.

"The gulf between men and women is huge," said Larry Maile, the president of USA Powerlifting. "And for us, it doesn't appear to bridge the gulf."

Maile says they’re only interested in fairness, not which restrooms people use or what medical care they get.

But Cooper’s supporters believe the league’s rules are a symptom of an extreme movement.

"We are seeing a coordinated campaign of anti-trans legislation, litigation and misinformation," said Sen. Erin Maye Quade, (DFL-Apple Valley).

Does science matter?

At this point, there’s no clear scientific consensus on whether trans women have a natural physical advantage.

The few peer-reviewed studies performed so far have come down on both ends of the spectrum.

But this case is more focused on whether the ban breaks state law and the court’s decision could come at any time.