Advanced

YAF v. Cunningham (University of Minnesota)

June 2026
University of Minnesota System (Public college or university)
Minneapolis, MN

Additional Information

  • Incident Nature:
    Lawsuit
  • Incident Political Orientation:
    Not Clear
  • Incident Responses:
    Litigation
    Title IX or other federal statute
  • Incident Status:
    In litigation Federal District Court
  • Did not involve Speech Codes

Summary

On June 18, 2026, Young America’s Foundation (YAF), a conservative nonprofit organization whose mission is to promote “individual freedom, a strong national defense, free enterprise, and traditional values,” filed a lawsuit against University of Minnesota officials in the U.S. District Court for the District of Minnesota. YAF challenged University policies governing sexual harassment, discrimination, and gender identity, gender expression, names, and pronouns. The complaint alleged that the policies restricted speech concerning gender identity and transgender issues and required University members to use the names, gender identities, pronouns, and other gendered references specified by other University members. YAF alleged violations of the First and Fourteenth Amendments and sought declaratory and injunctive relief.

The complaint challenged the University’s policies defining and prohibiting “hostile environment sexual harassment” and “discriminatory harassment.” YAF alleged that the policies were vague and could subject students to complaints, investigations, and discipline for expressing views about biological sex and gender identity. The complaint cited statements such as “sex is immutable,” that there are two genders, that men should not compete in women’s sports or use women’s bathrooms, and that a man cannot become a woman or become pregnant. YAF alleged that the policies discriminated based on viewpoint by restricting speech expressing views about biological sex while permitting opposing views.

YAF also challenged the University’s policy concerning gender identity, gender expression, names, and pronouns, which stated that University members were expected to use the names, gender identities, pronouns, and other gendered references specified by other University members. YAF alleged that the policy compelled students to use pronouns and other references contrary to their beliefs and that the challenged policies chilled its members from expressing their views because they feared complaints or disciplinary action. YAF asserted claims that the challenged policies were unconstitutionally vague, discriminated based on viewpoint, and compelled speech in violation of the First Amendment.