Minnesota Rep. Leigh Finke Stands By Trans Athletes As Girls' Softball State Tournament Begins

(MINNEAPOLIS, Minn.) – As controversy continues to build around biological males competing in girls' and women's sports, Minnesota Rep. Leigh Finke is standing firm in defense of transgender athletes — just as the state's high school girls' softball tournament gets underway on Wednesday with a trans-identifying male pitcher on one of the top-seeded teams.

"Trans girls are girls," Finke said in a statement to OutKick. "They deserve the right to play sports and engage in physical wellness activities, just like every other child growing up in our beloved state. They aren’t doing anything wrong; they’re just kids who want to participate and enjoy the benefits of sports, just like their peers."

Leigh Finke is the first openly transgender person to ever serve in the Minnesota Legislature.

(Photo by STEPHEN MATUREN/AFP via Getty Images)

Champlin Park High School pitcher Marissa Rothenberger is one of many trans-identifying male athletes across the country now competing in female divisions. But this story isn’t just about one player — it’s about the legal and political structures that make it possible for this to keep happening over and over again.

And in Minnesota, that structure starts with a birth certificate.

Under state law, a person can amend the sex marker on his or her birth certificate by providing either a letter from a physician or a court order directing the change. No surgical transition or hormonal treatment is required. The amendment comes with a $40 fee, and once processed, a new birth certificate is issued with the updated sex marker. 

Importantly, the state does not require any indication or disclosure that the document was amended. This creates a loophole that can allow biological males to participate in girls' sports while still appearing to meet "female-only" eligibility rules.

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That’s exactly what happened in Rothenberger’s case. According to court records obtained by Reduxx, Rothenberger’s mother petitioned the Hennepin County District Court to change both the name and sex designation on the birth certificate shortly after the athlete’s ninth birthday. The petition was granted.

Minnesota State Law Allows Trans Athletes To Sidestep Female-Only Policies

Currently, the Minnesota State High School League (MSHSL) allows student-athletes to compete based on gender identity alone. However, national governing bodies such as USA Softball and the NCAA have implemented female-only participation policies in alignment with President Donald Trump’s executive order.

But these policies that are put in place to protect female athletes mean nothing when state laws allow self-declared gender identity to override biological sex.

Many argue it's a loophole that undermines the entire purpose of sex-based sports categories, especially as more biologically male athletes begin dominating girls' competitions. 

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In California last weekend, trans athlete AB Hernandez won the state championship in girls' high jump and triple jump. Hernandez finished in second place in the long jump. Also last weekend, Verónica Garcia, another trans-identifying male, took home the girls' 400-meter state championship for the second-straight year in Washington.

READ: Male Athlete Booed After Winning Girls' State Title In Washington

These are just a few examples of a much larger issue.

Finke, who is transgender, dismissed those concerns, though, saying that policies meant to establish sex-based categories "are not only discriminatory but also undermine the very purpose of youth sports, which is to encourage participation and personal growth for all children."

"These young trans athletes are playing sports they love, surrounded by their loved ones, friends and teammates who support them, in accordance with local law," Finke said. "They deserve support and celebration, like all of our young people."

Minnesota State Representative Leigh Finke arrives to cheers from supporters before the Minnesota Senate introduces the Trans Refuge Bill.

(Photo by STEPHEN MATUREN/AFP via Getty Images)

The problem, of course, arises when supporting and celebrating these trans athletes means silencing and ignoring the concerns of the females forced to give up their sex-based rights.

For the girls stepping onto the softball field this week, the game hasn’t changed. But the rules clearly have.