Male athletes ‘enjoy a large strength advantage’: Minnesota appeals court rules on alleged discrimination against transgender powerlifter

The Minnesota Court of Appeals reversed a prior ruling that claimed USA Powerlifting violated a transgender athlete’s rights.

JayCee Cooper, a biological man, sued USA Powerlifting in 2021 after it prohibited him from joining the women’s team in 2018. Cooper previously participated in men’s sports before his gender transition at 28 in 2015 and 2016.

Nevertheless, Cooper alleged USA Powerlifting violated the Minnesota Human Rights Act, which forbids discrimination based on sexual orientation and gender identity.

Judge Patrick Diamond ruled in favor of Cooper in 2023, ordering USA Powerlifting to revise its policies within two weeks. The ruling required the organization to “cease doing business” in Minnesota and relocate its Midwest Regionals from Minnesota to Wisconsin.

However, USA Powerlifting appealed the decision, leading to a cross-appeal by Cooper.  

On Monday, Judge Matthew Johnson ruled the athletic league did not discriminate against Cooper.  

In a detailed opinion, Johnson stated there were no genuine issues of material fact regarding Cooper’s claim of aiding and abetting discrimination, according to Fox News.  

According to USA Powerlifting’s lead attorney, Ansis Viksnins, Cooper was excluded from competing in the women’s division due to physiological advantages resulting from male puberty. 

“Maintaining separate categories based on sex, age, and weight is necessary so that similarly situated athletes have fair opportunities of success,” Viksnins said, reported Fox News. “Scientific studies show that athletes who have gone through male puberty enjoy a large strength advantage over athletes who go through puberty as a female. 

“The scientific studies also show that suppressing testosterone only reduces the strength advantage by a very minimal amount. Because powerlifting is a strength sport, the strength differences between competitors are significant. Excluding male to female transgender powerlifters from the women’s division is necessary to maintain fairness and integrity in the sport.” 

The case may proceed to further litigation in a lower court or potentially reach the Supreme Court at Cooper’s request. 

The appeal decision came just a week after 16 current and former college athletes, including Riley Gaines, sued the National Collegiate Athletic Association over its transgender policy. 

That lawsuit alleges the NCAA’s policy violates their Title IX rights by allowing biological men to compete in women’s sports.  

“We’re not just fighting for ourselves, we’re fighting for every young girl who dreams of competing in sports,” Gaines said in a press release. “I’m thankful for ICONS’ commitment to our cause, especially their financial commitment allowing us to take this to court. 

“I urge anyone who cares about protecting women’s sports to help get behind us.”