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Cooper v. USA Powerlifting

(Case No. A23-0373/A23-0621)

Over three decades ago, Minnesota became the first state in the country to expressly protect transgender people from discrimination under the Minnesota Human Rights Act (“MHRA”). Minn. Stat. § 363A.02. Under the MHRA it is unlawful to deny transgender people full and equal access to goods, services, facilities, and advantages that it offers others, and to refuse to do business with transgender individuals. Minn. Stat. §§ 363A.11; 363A.17.

This case was brought on behalf of JayCee Cooper, a transgender woman and member of USA Powerlifting (USAPL). Ms. Cooper wanted to participate in a USAPL bench press competition, but was denied the opportunity to compete because she is transgender. In response to Ms. Cooper’s request, USAPL created an exclusionary policy that seeks to prohibit transgender women from competing altogether. The district court ruled in Ms. Cooper’s favor and found that USAPL discriminated against her because of her identity as a transgender woman. The Court of Appeals agreed that transgender individuals are protected from discrimination in sports but that a jury should decide if USAPL’s actions were discriminatory.

The Lawyering Project filed an amicus brief in the Minnesota Supreme Court on behalf of Transforming Families, an organization that provides support to transgender, gender non-conforming, and questioning youth and their families via resource exchange and community building in a safe, welcoming space. The brief argues that if the Court allows USAPL to rely on antiquated stereotypes and generalizations about women and men to justify prohibiting Ms. Cooper from competing in the women’s division because she is transgender, that will open the door to permitting discrimination against transgender adults and children in athletics, business, and other public accommodations.

The brief is based on interviews with seven families that are part of the Transforming Families’ community. They describe in their own words: (1) their families, (2) what it means to them to see transgender and gender expansive representation, and (3) how a ruling in favor or against Petitioner Ms. Cooper may impact their lives.

Plaintiffs:

JayCee Cooper

Defendants:

USA Powerlifting and USA Powerlifting Minnesota

Co-Counsel:

Claire Tralle, Tralle Law, LLC

Timeline and Key Documents:

January 12, 2021