Cooper v. USA Powerlifting:
Minnesota Supreme Court to hear historic case tomorrow on rights of transgender Minnesotans
FOR IMMEDIATE RELEASE
December 2, 2024
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Noah Parrish, Communications Director
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Decision in Cooper v. USA Powerlifting could end discriminatory precedent and strengthen protections for transgender people under Minnesota law
Tomorrow, the Minnesota Supreme Court will hear oral arguments in Cooper v. USA Powerlifting (USAPL), a landmark case challenging the categorical exclusion of transgender athletes from competition. The case, which centers on transgender athlete JayCee Cooper’s right to compete under Minnesota’s Human Rights Act (MHRA), could not only affirm protections for transgender athletes but also overturn Goins v. West Group — a 2001 precedent that has allowed discrimination based on sex assigned at birth. A ruling in Cooper’s favor would finally ensure that transgender Minnesotans are treated the same as any other Minnesotan alleging discrimination under the MHRA.
“The Minnesota Human Rights Act is unequivocal: discrimination against transgender people is illegal,” said Jess Braverman, legal director at Gender Justice. “Every Minnesotan deserves the freedom to pursue their dreams without fear of exclusion or discrimination. Ms. Cooper was denied that right solely because she is transgender, and we are confident the court will agree her rights were violated.”
In this case, Gender Justice, along with co-counsel Nichols Kaster PLLP and Premo Frank, argue that the MHRA expressly protects transgender people from discrimination in places of public accommodation, education, employment, and other venues. Cooper’s legal team argues that the Supreme Court disregarded those protections in Goins v. West Group, a 2001 Minnesota Supreme Court decision allowing employers to discriminate against transgender employees when it comes to bathroom access. Cooper asks the court to correct its error and overturn Goins.
“Minnesota has declared itself a trans refuge state, committed to protecting transgender people amid a wave of national attacks,” added Braverman. “Now, it’s essential that our courts affirm the protections established by the legislature and uphold these values in every sphere, including sports. This case is a critical step in making good on our state’s promise of equality for all.”
Broad Support for Trans Inclusion in Sports
Cooper’s case has drawn support from a powerful coalition of allies, with amicus briefs filed by numerous groups including the American Civil Liberties Union, Minnesota Coalition Against Sexual Assault, the Minnesota Department of Human Rights, National Employment Lawyers Association, OutFront Minnesota with the Lavender Bar Association, Transforming Families, and the National Women’s Law Center. Additionally, over 20 organizations, including the Women’s Sports Foundation, the National Organization for Women Foundation, and Lambda Legal, have also voiced their support by signing on to the National Women’s Law Center’s brief.
Background on the Case
In 2019, JayCee Cooper, a transgender woman, filed charges with the Minnesota Department of Human Rights after USAPL refused her entry into its women’s events. Represented by Gender Justice, Nichols Kaster, and Premo Frank, Cooper seeks not only the right to compete but also a precedent affirming that discriminatory exclusions have no place under Minnesota law. In 2023, the district court ruled that this exclusion blatantly constitutes discrimination. The Minnesota Court of Appeals ruled that the MHRA protects transgender athletes from discrimination, but the question of whether the policy is discriminatory should go to a jury. The Minnesota Supreme Court will decide whether categorically separating and segregating protected classes of people, including transgender people, violates the MHRA.
For more on this case, visit: genderjustice.us/work/cooper-v-usapl
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Gender Justice is a legal and policy advocacy organization dedicated to advancing gender equity through the law. Our vision is for a world where people of all genders, gender identities and expressions, and sexual orientations have the opportunity to thrive. We work towards our vision through impact litigation, advocacy, movement building, and public education.
Nichols Kaster, PLLP fiercely advocates for the rights of all people who have been wronged by powerful employers, corporations, and governments. Our renowned legal team represents individuals and classes from across the country in actions involving illegal workplace conduct, wage theft, civil rights violations, and more. For nearly 50 years, Nichols Kaster, PLLP has been on the cutting edge of the law.
Premo Frank are award-winning attorneys for whistleblowers, employees, and victims of civil rights violations. Our work has recovered tens of millions of dollars for our clients, led to the criminal conviction of the powerful, and transformed the law to create a more just society. We continue that work each day.
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