Cooper v. USA Powerlifting:
Support grows for trans powerlifter in landmark discrimination case
FOR IMMEDIATE RELEASE
September 5, 2024
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Noah Parrish, Communications Director
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Numerous pro-inclusion amicus briefs submitted in JayCee Cooper vs. USA Powerlifting ahead of Minnesota Supreme Court review
The Minnesota Supreme Court will soon hear a landmark case involving transgender powerlifter JayCee Cooper, who USA Powerlifting (USAPL) barred from competition because of her gender identity. This pivotal case challenges discriminatory practices in competitive sports and has rallied overwhelming support from civil rights organizations, legal experts and advocacy groups who submitted amicus briefs.
“The widespread support for Cooper and trans inclusion in sports only underscores that discrimination has no place in sports or society,” said Jess Braverman, legal director at Gender Justice. “No one should be denied the opportunity to pursue their dreams and ambitions simply because of who they are. Our laws are meant to protect all Minnesotans, including transgender Minnesotans, from discrimination.”
A powerful coalition of supporters submitted amicus briefs to the Minnesota Supreme Court supporting Cooper, including the American Civil Liberties Union (ACLU), Minnesota Coalition Against Sexual Assault (MNCASA), Minnesota Department of Human Rights, National Employment Lawyers Association (NELA), OutFront Minnesota with Lavender Bar Association, Transforming Families, and the National Women’s Law Center (NWLC) on behalf of over 20 organizations including the Women’s Sports Foundation, the National Organization for Women Foundation, and Lambda Legal.
Key Points of Support:
1. Correcting Misinterpretation: The Minnesota Department of Human Rights, ACLU, NELA, and other supporters argue that overturning Goins – a 2001 decision that allows discrimination against trans people based on sex assigned at birth – is necessary to ensure that claims by transgender people are treated the same as claims brought by any other protected class.
As the ACLU states, “Both Goins and the Court of Appeals agree that a person’s gender identity is self-determined, consistent with the [Minnesota Human Rights Act (MHRA)]. But these courts diverge from the law when they allow a party regulated by the MHRA to classify transgender individuals based on their sex-assigned-at-birth, disregarding gender identity altogether. In other words, these courts effectively write ‘gender identity’ out of the statute.”
2. Value of Inclusion: Advocates emphasize that including trans athletes fosters fairness and debunks myths around safety and competition. “For decades, girls and women have played sports on the boys’ and men’s teams without safety issues or injuries. The ‘safety’ concerns peddled by those who are pro-discrimination have no empirical evidence to support them—they echo only transphobia,” stated OutFront Minnesota.
3. Debunking Stereotypes: Discriminatory policies like those of USAPL are based on pseudoscience and harmful stereotypes. “Excluding trans women perpetuates harmful stereotypes used to keep all women out of sports… This argument only further reifies tropes that people assigned female at birth are inherently weaker or less athletic than anyone assigned male at birth,” stated National Women’s Law Center.
In July 2024, the Minnesota Supreme Court announced it would hear this case after the Court of Appeals reversed a District Court ruling in Cooper’s favor. In February 2023, the district court issued a favorable summary judgment affirming that USAPL discriminated against Cooper. The Minnesota Court of Appeals reversed this ruling in March 2024, finding that discrimination based on gender identity violates the Minnesota Human Rights Act, but USAPL’s admission that it prohibits transgender women from competing in women’s categories is insufficient evidence of discrimination. The appeals court sent the case back to the district court to determine whether USAPL violated the Minnesota Human Rights Act, which led to the current appeal before the Minnesota Supreme Court.
As the Minnesota Supreme Court prepares to hear the case, JayCee Cooper and her legal team at Gender Justice, Nichols Kaster PLLP and Premo Frank are optimistic about the potential to set a precedent that will protect transgender athletes from discrimination in Minnesota.
Read the amicus briefs
More information about JayCee Cooper vs. USA Powerlifting
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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.
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