Erich Martens, executive director of the Minnesota State High School League, said Thursday that he’s had no dialogue with the U.S. Department of Education since it determined the MSHSL is in violation of Title IX because of its policy allowing athletes assigned male at birth to compete in girls sports.

The MSHSL’s focus on that issue is now squarely on a joint brief filed by a coalition of attorneys general supporting a federal lawsuit aimed at temporarily blocking transgender athletes from competing in girls sports in Minnesota.

On Oct. 15, the coalition representing 19 states filed the brief with the Eighth Circuit Court of Appeals. The coalition is asking the appeals court to reverse a federal judge’s order to not issue a preliminary injunction against Minnesota’s policy, which the MSHSL adopted in 2015.

U.S. District Judge Eric Tostrud in September denied a request by three metro-area high school softball players for a preliminary injunction in their Title IX lawsuit against Minnesota’s policy.

“That’s where the work is at this time,” Martens said.

MSHSL legal counsel Kevin Beck said briefs for the appeal are due Dec. 17. A hearing has not been scheduled but will be held the week of Jan. 12.

“It’s the only lawsuit that we have pending right now,” Beck said.

The brief accuses the MSHSL of denying female athletes the benefit of fair competition with its policy allowing transgender athletes to participate in girls sports.

“Mandating that men be allowed to participate in women’s sports strips women of their rights and blatantly disregards Title IX, which guarantees those rights,” Iowa Attorney General Brenna Bird wrote on behalf of the group. “It’s simple biology and common sense. No woman should be forced to compete against men or be denied a level playing field.”

Female Athletes United brought the original lawsuit for the Maple Grove and Farmington high school softball players. The suit named Minnesota Attorney General Keith Ellison, the MSHSL and Martens, among others.

The U.S. Education Department’s Sept. 30 letter warned the MSHSL that it had 10 days to comply with the Trump administration’s transgender participation policy or it would “risk imminent enforcement action.”

At the time, Martens said the MSHSL was reviewing the letter but had no further comment.

Minnesota sent the Trump administration a letter on Oct. 10, saying it would not offer a “substantive response” and noting a lack of clarity during the government shutdown at the time.

Minnesota Solicitor General Liz Kramer criticized the federal Title IX investigation and the suggestion that the state “faces imminent cuts to federal funding” barring changes. About 10% of Minnesota’s school funding comes from the federal government. That’s about $1.4 billion.

“As you know,” Kramer wrote, “if the federal government intends to follow the law, it would need to follow an extensive, multi-step administrative process before any federal funding to Minnesota education programs or activities could ever be terminated.”