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Biological Male Powerlifter Can Compete Against Women After Minnesota Court Finds Exclusion Was Unlawful Discrimination

Biological Male Powerlifter Can Compete Against Women After Minnesota Court Finds Exclusion Was Unlawful Discrimination

“The harm is in making a person pretend to be something different, the implicit message being that who they are is less than.”

Happy Women’s History Month! Whatever the heck that is or is supposed to mean. It’s clear that this “women’s history month” garbage is just more happy claptrap from the faux feminists on the radical left who are eagerly furthering their war on women, particularly in women’s sports.

And they just racked up a win in court when USA Powerlifting was found liable for discriminating against a biological male who competed against women.

NBC News reports:

USA Powerlifting lost a two-year court battle this week after a judge ruled that it had discriminated against transgender athlete JayCee Cooper by banning her from competing in women’s competitions.

The ruling also mandated that the sports organization “cease and desist from all unfair discriminatory practices” because of sexual orientation and gender identity and that it revise its policy related to sexual orientation and gender identity within two weeks.

From the ruling:

3. Plaintiff JayCee Cooper’s motion for partial summary judgment on Count I of her complaint is GRANTED with respect to liability on her claim of public accommodation discrimination because of sexual orientation. 4. Plaintiff JayCee Cooper’s motion for partial summary judgment on Count I of her complaint is GRANTED IN PART. The Court finds Cooper is entitled to summary judgment on the issue whether USAPL committed unfair and discriminatory practices with respect to public accommodation because of sex, but is DENIED IN PART because genuine factual issues remain whether Minnesota Statutes section 363A.24 subdivision 2 exempts USAPL from public accommodation sex discrimination liability. 5. Plaintiff JayCee Cooper’s motion for partial summary judgment on Count II of her complaint is GRANTED with respect to liability on her claim of business discrimination because of sexual orientation. 6. Plaintiff JayCee Cooper’s motion for partial summary judgment on Count II of her complaint is GRANTED with respect to liability on her claim of business discrimination because of sex.

The New York Post has more:

The federation was mandated to “cease and desist from all unfair discriminatory practices” related to sexual orientation and gender identity and reverse its former policy of barring transgender athletes within two weeks, according to the ruling, obtained by Fox News.

Cooper filed a complaint with the Minnesota Department of Human Rights in 2019 claiming the organization had violated that state’s Human Rights Act after she was barred from competing in the women’s division.

In 2021, she filed a lawsuit against USA Powerlifting in state court.

. . . . According to the 46-page ruling, “The harm is in making a person pretend to be something different, the implicit message being that who they are is less than. That is the very essence of separation and segregation, and it is what the MHRA prohibits.”

The relevant portion of the ruling:

The evil the MHRA prohibits lies in being seen as something other, in being separated, and in being segregated, either physically or by being treated differently. It may involve economic harm, like a diminished pension or personal leave; it may involve physical inconvenience, like having to walk down the block or across the street to be served. It is unquestionable an affront to personal dignity. In the context of sexual orientation, it is in treating a person as if their self-identity and their self-image is unimportant and less than. Just as it does not matter that one may be able to purchase a beer at a saloon other than one that refuses service
to people of color, it does not matter that Cooper could compete somewhere else or as someone else. The harm is in making a person pretend to be something different, the implicit message being that who they are is less than. That is the very essence of separation and segregation and it is what the MHRA prohibits.

Such segregation and separation also involves harm to the community. See Minn. Stat.
§ 363A.02 subd. 1(5b)(“discrimination threatens the rights and privileges of the inhabitants of this state and menaces the institutions and foundations of democracy”). In this sense, the MHRA does not just adjust rights among individuals or even among organizations. The MHRA 22 recognizes that we all are diminished when an individual is singled out, disappeared, separated, or segregated.

It’s not clear whether or not the organization will appeal the ruling.

The New York Post continues:

USA Powerlifting officials said they are considering appealing the decision.

“Our position has been aimed at balancing the needs of cis- and transgender women, whose capacities differ significantly in purely strength sports,” said organization president Lawrence J. Maile in a statement to KARE.

“We have received a summary judgment decision from the Court finding us liable for discrimination. We respectfully disagree with the Court’s conclusions. We are considering all of our options, including appeal,” Maile said.

Needless to say, people have thoughts.

[Featured image via YouTube]


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Literally the only reason women’s sports EXIST is because of discrimination.

ANY sport competition that is based on speed, strength, or stamina will be dominated by men.

The ONLY reason women’s sports exist is because they prevent men from competing.

Fun fact – quite a lot of ‘male’ competitions are actually OPEN competitions – there is no actual rule saying that the competitors must be men (although there are rules governing testosterone, etc). Women don’t participate in them because at the highest level they simply can’t compete.

There are a whole mess of Olympic events in things like swimming or track & field where the women’s WORLD RECORD time wouldn’t even qualify to compete in the men’s event in the first place.

    This is so unbelievably stupid, that it’s brilliant.

    Hans Christian Andersen’s The Emporer’s New Clothes is a classic for a reason.

    The more these mentally ill narcissistic clowns are allowed to destroy, the more the left foists them on our society.

    On this one, Putin’s not wrong.

    CommoChief in reply to Olinser. | March 5, 2023 at 8:15 pm

    The more I think about this the more I become convinced that the solution is for every sports covering body to immediately eliminate gendered categories of competition. Move to an ‘inclusive’ open policy of competition. Do that for a year and the shit will get very real very quickly.

    Someone like Susan Cavendish Davenport, BA Vassar, MA Columbia, PHD Brown, the fiercely independent progressive who previously mouthed the woke lingo will definitely change her mind when her Daughter’s lacrosse, soccer, tennis, golf, swimming, track opportunity to compete are diminished. No women’s sports means no extracurricular on the college application and no women’s athletic scholarships. Uh Oh how will young Harper get admitted with less extracurricular?

    MS Davenport, her woke contemporaries and all their Spouses will make damn sure this insanity stops, but only when this insanity hits them and their family directly. It’s an extreme proposal but I can’t see any effective alternative.

The true theater of the absurd. What Hershey’s is doing to cancel women is as bad. Is putting on a fake woman’s face any different than blackface? Talk about mansplaining when a trans woman tells a real woman what a woman is and what it’s like to discriminate against women! The slippery slope is becoming steeper. Why are women so afraid to speak out as men shove away their gains?

    “Why are women so afraid to speak out as men shove away their gains?…”

    Because they’d have to admit the other garbage they bought into. Narcissists don’t do that.

      This trend toward denigrating women (here, we’re all narcissists, apparently) is not going to end well for you “populists” who also advocate disenfranchisement of women, taking away women’s property rights, employment, etc. It’s an unbelievably stupid, tone-deaf move. It’s also insulting and vile (think Taliban vile). Mostly, though, it’s self-defeating. And stupid.

        henrybowman in reply to Fuzzy Slippers. | March 6, 2023 at 5:30 am

        It’s not a defense of collectivism to observe that when you are collectively oppressed, the only solution is to collectively resist. Unless, of course, you are willing to passively be the de facto chattels of those who do your resisting for you. We already have a social group that has done that, and they have rightly earned all the epithets you distribute, and more.

        This is something women have to do for themselves, nobody else can do it for them. What is needed here is a Rowling’s Revenge society. Where is it?

          CommoChief in reply to henrybowman. | March 6, 2023 at 11:02 am

          Sadly the voice of Cis white males in the context of gender discussions has been marginalized to the point of irrelevance within media and popular culture. Men have been speaking out in defense of keeping the trans weirdos out of girls locker room and out of women’s sports. Traditional, masculine men were ignored b/c we don’t have a seat at the table. The only mens voices that the media amplifies are the soy/beta voices who agree with this or pretend to so they don’t draw fire from modern feminists.

          The ladies are going to have to spearhead this fight to save women’s athletics. JK Rowling is taking lots of flack. As is Gaines the KY swimmer along with a few others. Men can help support this fight but the media and cultural landscape has relegated the voices of traditional, masculine men to the fringe cast in the role of permanent misogynist.

        daniel_ream in reply to Fuzzy Slippers. | March 6, 2023 at 12:01 pm

        When they can’t argue facts, women always resort to shaming because that’s what works in the high school mean girls social structures they inhabit.

      Not all women are narcissists. Honest. This battle belongs to women athletes and their parents and their coaches. I’m not an athlete so, while I recognize that permitting transwomen on women’s teams is inherently unfair, it’s not a priority fight for me.

      My priority is my adult son, disabled with autism and intellectual disability. We already can’t find reliable caregivers and safe housing, so we take care of him at home. What will happen to him when we die?

        CIS husbands have been told for most of my life that they have no right to have a say on abortion. Why is this different? The #1 target of all this has not been women but traditional white males. We are an endangered species. “I am woman, hear me roar!” is falling on deaf ears these days. Marriage has become a very bad deal for men. Somewhere in my life, romance died.

      LeftWingLock in reply to | March 6, 2023 at 5:14 pm

      Maybe a little but at the HS and College level, many women want a scholarship or are afraid of losing their scholarship. Plus consider Martina Navratilova and JK Rowling. It is hard for very young women to take a stand and risk their future.

George_Kaplan | March 5, 2023 at 7:50 pm

So if the judge holds that Cooper and those like him should be permitted to compete in the women’s division, what are women supposed to compete in? As some on Twitter point out, the ruling effectively abolishes the concept of women’s powerlifting. The only ruling that could possibly be worse would be the abolition of gender-sex divisions entirely given elite men outperform fake women on hormones who typically outperform actual women.

Subotai Bahadur | March 5, 2023 at 7:59 pm

The ruling also mandated that the sports organization “cease and desist from all unfair discriminatory practices” because of sexual orientation and gender identity and that it revise its policy related to sexual orientation and gender identity within two weeks.

The only solution is for the sports association to file for dissolution and end itself within two weeks. They are not going to win, ever. So shut itself down and make JayCee Cooper compete with real males and get whatever body part kicked.

Someday, we may become a sane civilization again. Probably won’t, but there is no point in fighting it now.

Subotai Bahadur

    Othniel in reply to Subotai Bahadur. | March 5, 2023 at 8:16 pm

    I respectfully disagree that there is no point in fighting it now. We MUST fight it now, or we abandon the truth.

    gonzotx in reply to Subotai Bahadur. | March 5, 2023 at 8:46 pm

    No, the girls have to all refuse, all with this boy

    In every sport across the board, girls must refuse to compete with boys

    That’s the ONLY way


      This would work unless there were multiple trans, they’d be left to compete against each other in a “women’s” event. If that happened, best to just add a trans category as someone else mentioned. This just can’t continue, men in women’s sports!? Outrageous.

        inspectorudy in reply to Fuzzy Slippers. | March 6, 2023 at 12:40 am

        I think the answer is like the SCOTUS did with Roe v Wade and tossed it back to the states. There are already several states that have passed laws in their states preventing a biological male from competing in womens sports. This will spread to most of the southern states and many of the lower midwest. Then, a national meet, in a trans-allowed state will be met by no-shows of entire teams from states that do not allow them in women’s sports. Eventually, parents of females will make this a voting issue and it will come to an end. Meanwhile, any girl’s/women”s teams or individuals must refuse to compete in any meet with trans. I have two kids, one 6’2″ and 230 lbs my son, and one 5’6″ 130 lbs, my daughter. I cannot imagine them competing on anything except Jeopardy!

          Milhouse in reply to inspectorudy. | March 6, 2023 at 1:30 am

          This is a state case. Minnesota law, at least according to this court, requires the women’s division to allow men to compete if they say they’re women. The MN legislature could change that law, and that would reverse this decision, but it’s not going to.

      Temujin in reply to gonzotx. | March 6, 2023 at 5:12 pm

      So true! The legal system has failed. This is why we have mentally ill people serving as judges. The freaks can always find one, to match their wishes.

That asswipe needs to be bitch slapped until he no longer identifies as female.

How weak does one have to be to prove to be stronger like this.

When you become trans, you are not either category any more. Maybe a category for it is needed. He/she can win gold, silver & bronze.

It seems to me the answer is to move out of Minnesota.

    processcon in reply to Milhouse. | March 6, 2023 at 10:04 am

    Or maybe stop referring to the sports categories as women and men. Call the groups XX and XY and make the distinction chromosomes. Is there any law against discriminating on the basis of chromosomes since they apparently don’t determine gender?

Beyond the clearly obvious, woman’s sport is devalued to a point of worthlessness.

Sane people must not be compelled to participate in crazy people’s fetish.

countryboy1947 | March 5, 2023 at 9:09 pm

First thing I thought of was that this clown looks like a Russian Olympic weight lifter, from the 1980’s. In the old days of the Communist bloc nations the Russian and East German Olympic women’s teams, in all the Olympic sports categories, had their women’s teams filled out by “athletes” similar to this one.

It was interesting to note that this judge talks all about “fairness” as it relates to this poor mentally ill creature. Funny, nobody seemed to worry about what was “fair” for all the REAL women who are trying to compete against this freak. So is this the new democrat version of the constitution, where the clown get’s it’s rights magnified….while all the rest of us get our rights stomped into the dirt?

What they need to do to stop this is either just drop women’s sports…..or each university can establish a “tranny” sports team, that would be more than fair to mentally sick athletes such as this one.

chrisboltssr | March 5, 2023 at 9:09 pm

1) Women need to not compete. This is ultimately their fight and they’re the ones who need to fight back.

2) We are going to have to get back to a point when discrimination is a not wholly seen as a negative. Making choices is not inherently bad, and that is what it means to discriminate. None other than Barry Goldwater saw where the Civil Rights Act would end up and he has been proven correct.

If they can test athletes for PEDs, why not to confirm XX chromosone? If XY, disqualify.

    It’s not about that. It’s about destroying American civilization. Putin is right on this one.

    Milhouse in reply to MrE. | March 6, 2023 at 1:32 am

    Because the court says that Minnesota law doesn’t allow that.

      Searched the summary for discussion of chromosome / genetic testing and it looks to me like the issue was no specific rule / testing procedure in place to determine sex to support the application to compete – so Cooper’s exclusion was more a “shoot from the hip” decision than a rules infraction. Would there be a reason to dispute IF the organization adopted a rule for ALL applicants to undergo genetic testing to prove the sex claimed on the application to compete? Just seems like the reason for the courts finding was the decision was arbitrary and not based on pre-established and well-defined rules. From the summary:

      Footnote 4 on Page 10
      The record contains no evidence that USAPL has a policy of requiring anybody to produce a copy of their birth certificate or any other process for determining the gender USAPL refers to variously as “assigned at birth” or “biological.” In the context of testifying as to the meaning of the term “cisgender,” Maile testified that his understanding of “assigned at birth” or “biological” means “the physical sex they were born with” as “in terms of their genetic inheritance, women being double X, men being XY, and following that in the development of the – the hormone and physical development that comes with being either male or female.” Id. The record contains no evidence that USAPL had any policy or proposed method of identifying its members “genetic inheritance” or the stage of any member’s physical development. Cooper was likely identified as having a self-identification different from “assigned at birth” because of her request for a TUE based on her use of spironolactone to treat gender dysphoria.

Life has become an In Living Color episode.

    chrisboltssr in reply to malclave. | March 6, 2023 at 1:31 am

    I watching UFC 285 with some friends and we were talking about this exact character. In Living Color was supposed to be funny, but an anthropology class on 21st century America.

    CommoChief in reply to malclave. | March 6, 2023 at 8:02 am

    That show had a ton of talent.

Simple enough. Women should simply stop competing in any event that includes a male. I’d suggest setting up alternative events for females only, but that’s what “women’s sports” was supposed to be in the first place. There is no earthly reason for women’s basketball or hockey leagues but to humor those who think that every sport should be not only open to women, but cater to the fantasy that they are as competitive and popular as men in male oriented sports even as attendance and interest proves otherwise.

“The harm is in making a person pretend to be something different,“

They’re kidding with this, right?

E Howard Hunt | March 6, 2023 at 6:18 am

Women should not be doing any heavy lifting. A true gentleman immediately and successfully offers to carry anything heavy or awkward he sees a lady burdened with.

RepublicanRJL | March 6, 2023 at 6:48 am

The answer to subjugating women is to subjugate them MORE not to a man, but a man who thinks he’s a woman?

This is the whisker on a flea wagging the tail of a bull mastiff.

It might count as good experience for women.

The US women’s soccer team chose to train against 14-15yo boys so that they would be beaten but not blown away, still in the range where they can learn something without becoming discouraged.

If the courts have made themselves irrelevant then private justice is all that is left.

He is not a she or her.
Why is the adjective biological necessary? A man is a man; anything else is a man pretending he is a woman. Describe him as such.

Capitalist-Dad | March 6, 2023 at 9:28 am

So being a judge doesn’t mean the person isn’t ignorant. We already know this. Those with mental delusions have no “right” to have their delusions forced on others. A man who simply claims to be a woman and dresses up as one has no rights as a woman—such as the right to privacy and safety that women’s locker room facilities imply— because playing dress-up confers no rights. (This includes men who have undergone chemical and/or surgical mutilation to masquerade as women—which is simply taking dress-up to extremes.) From this starting point the logical conclusion is biological men have no place competing with biological women—even though the men’s feelings might be hurt.

    Temujin in reply to Capitalist-Dad. | March 6, 2023 at 6:01 pm

    Whatever happened to the EVIL 🙄 of “cultural appropriation” ???

    I can’t believe I threw away my Liz Warren cookbook, “Pow Wow Chow !!!

“The harm is in making a person pretend to be something different, the implicit message being that who they are is less than.”

The harm is a court that can’t see that it’s the plaintiff who is pretending! And yes, mentally ill people are “less than”. They need help, not affirmation.
Sheesh. We are being ruled by idiots.

    alaskabob in reply to Longplay. | March 6, 2023 at 2:52 pm

    I wonder if the “Court” would demand gastric bypass surgery for an anorexic patient? It is body dysmorphism, also.,

Need to popularize a new term for men who compete as women:

“Nutless wonders”

inspectorudy | March 6, 2023 at 11:45 am

What this decision in MN shows us is that there needs to be a nationwide panel to oversee the judges in America. Decisions like this are a laughing stock by his own definition.
“The harm is in making a person pretend to be something different, the implicit message being that who they are is less than.”
This is exactly what the man is doing! He is pretending to be a woman! If this judge cannot see how stupid his ruling is then he needs to be kicked off the bench.

    Milhouse in reply to inspectorudy. | March 7, 2023 at 3:12 am

    A national panel to oversee state judges?! How could that possibly be right?

    We have a national panel to oversee federal judges — it’s called Congress. But it can’t oversee their decisions, because that belongs entirely to the judiciary, and the other two branches have no right to interfere. It oversees their misconduct, and can remove a judge if necessary.

Seems it would be non-discriminatory to have 4 classes instead of 2. Why not divide by sex and gender combination-by what you are born, and by “what you feel you are?”

David Walker | March 6, 2023 at 12:55 pm

It’s a man.
End of.

Subotai Bahadur | March 6, 2023 at 3:59 pm

What I am anticipating, and not happily, is this conundrum. Those who claim to actually be a gender other than what they are plumbed [being gay is a different thing] are not normal; either statistically and arguably psychologically. That last point is key. Let us say that in whatever sport, not necessarily power lifting, a “self-declared female” with male plumbing sexually assaults a born female with female plumbing concurrent with involvement in whatever sport it is. Remember, this is an age group where self-control is not fully developed, AND the gender claimed is based only on self-declaration. Ever hear of a teenager either lying or being wrong?

So we have a sexual assault with an innocent victim. How will the prosecutor charge the defendant, noting that in these states Leftist “Woke” status outweighs law and common sense? Indeed, in those states and with the prosecutors we have now, what are the chances that there will be any charge filed regardless of the facts, because the facts contradict the all important narrative?.

And at what point do the victims, families, friends, and the surrounding community lose any belief in the legitimacy of the legal system? Not in its coercive power mind you, but its legitimacy in imposing that power.

Feel free to discuss.

Subotai Bahadur

Just another data point in proving that men are better than women at everything…including being women.

But women aren’t harmed, economically or otherwise, when biological men get to compete in the women’s sport? Activists masquerading as judges.

    Temujin in reply to Durwood. | March 6, 2023 at 5:54 pm

    Except … not even masquerading !!! Judge 🙄 Diamond’s non-logic beggars belief. The Judge 🙄 held that:

    “ The harm is in making a person pretend to be something different, the implicit message being that who they are is less than. That is the very essence of separation and segregation and it is what the MHRA prohibits.”

    So … pretending to be something that you clearly are NOT … biologically … or even legally trumps the ACTUAL SCIENCE. Apparently that would govern whether you actually have the ability and knowledge to be a judge, as well !!!

They have a huge billboard, when you cross the state line into MN, which reads:

“Welcome to Minnesota! You need psychiatric help !!!”

The only solution to this GANS (Gender-appropriating Narcissist Sociopath) madness, at least insofar as it pertains to women’s sports, is for women athletes to universally refuse to compete against men who are cosplaying as women. Women athletes must band together to boycott all sporting competitions in which this madness prevails. Let the tranny narcissists play by themselves, in their warped sandbox.

“…the implicit message being that who they are is less than.”

No, the exclusion on men in women’s sports is because men are MORE THAN women athletically: literally bigger and stronger. And the judge says that this blatantly backwards “less than” interpretation is the heart of the case.

By his reasoning the same ruling would apply to a man who identifies as a man and wants to compete in women’s sports. Excluding him violates rights because it supposedly implies that he is “less than a woman.”

The very act of excluding him carries this supposed implication, … when everyone knows that the actual reason for the exclusion is the opposite.