Trump Administration Sues California Over Transgender Athlete Title IX Violations

The Department of Justice’s Civil Rights Division filed suit against the California Department of Education and the California Interscholastic Federation (CIF) on Wednesday, alleging that they failed to adhere to Title IX of the Education Amendments of 1972 and failed to protect “female student athletes from unfair competition and reckless endangerment by male participation on female high-school sports teams”.

According to United States v. California Interscholastic Federation, with was filed in the United States District Court for the Central District of California in Los Angeles, the DOJ alleges that California is in violation of Title IX, which prohibits sex-based discrimination in any education program or activity that receives federal funding. Specifically they said that they were in violation of the law by letting transgender athletes, biological males, compete in girls’ sports and by allowing transgender males in girls’ sports and intimate spaces. By being engaged in illegal sex discrimination against female student athletes by allowing males to compete against them, they deprived the girls of the equal education and athletic opportunities afforded to them by federal civil rights law.

“This discrimination is not only illegal and unfair but also demeaning, signaling to girls that their opportunities and achievements are secondary to accommodating boys,” read the filing. “It erodes the integrity of girls’ sports, diminishes their competitive experience, and undermines the very purpose of Title IX: to provide equal access to educational benefits, including interscholastic athletics.

“Despite Title IX’s equal opportunity mandate, Defendants have adopted and implemented policies that force girls to compete against boys – despite the real physiological differences between the sexes – if the boy asserts that he is a girl. California’s policies eviscerate equal athletic opportunities for girls. They also require girls to share intimate spaces, such as locker rooms, with boys, causing a hostile educational environment that denies girls educational opportunities. The results of these illegal policies are stark: girls are displaced from podiums, denied awards, and miss out on critical visibility for college scholarships and recognition.”

In addition, the suit pointed out that, since California received $44.3 billion in federal funding this fiscal year that was tied to complying with Title IX, including $3.8 billion still available for drawdown by CDE, the state’s compliance was more than necessary.

United States v. California Interscholastic Federation

“The Governor of California has previously admitted that it is ‘deeply unfair’ to force women and girls to compete with men and boys in competitive sports,” said Attorney General Pamela Bondi in a statement on Wednesday.  “But not only is it ‘deeply unfair,’ it is also illegal under federal law. This Department of Justice will continue its fight to protect equal opportunities for women and girls in sports.”

“Title IX was enacted over half a century ago to protect women and girls from discrimination. The Justice Department will not stand for policies that deprive girls of their hard-earned athletic trophies and ignore their safety on the field and in private spaces,” added Assistant Attorney General Harmeet Dhillon. “Young women should not have to sacrifice their rights to compete for scholarships, opportunities, and awards on the altar of woke gender ideology.”

“California is on the wrong side of the law and the wrong side of history,” stressed United States Attorney Bill Essayli of the Central District of California. “Women deserve dignity, respect, and an equal opportunity to compete on their own sports teams. The time for talk is over. California must comply with Title IX and end its civil rights violations against women. No person, no state, is above the law.”

The suit follows findings from late last month, where the U.S. Department of Education’s Office for Civil Rights (OCR) announced that they concluded their investigations into Title IX violations in California, finding that both the CDE and the CIF were in violation of the law by letting transgender athletes, biological males, compete in girls’ sports ad by allowing transgender males in girls’ sports and intimate spaces. The state had until July 7th to respond to the U.S. Department of Education’s resolution agreement that included multiple caveats to get California to resolve their Title IX violations, with the largest being to bar schools from allowing males from participating in female sports and from occupying female intimate facilities, and that Recipients must adopt biology-based definitions of the words ‘male’ and ‘female’.

Both the CDE and CIF outright rejected the resolution agreement on Monday, leading the DOJ to pursue legal action on Wednesday.

While this isn’t the first DOJ state lawsuit over Title IX transgender athlete violations, with Maine being sued for similar reasons in April, California is by far the largest in terms of athletes being affected and by how much federal funding is tied with Title IX compliance.

A legal battle over Title IX and transgender athletes

Both the CDE and CIF refused to make statements on the matter on Wednesday citing is being an active suit. Others, like Attorney General Rob Bonta, have also yet to make statements as of Wednesday afternoon.

“The California Department of Education cannot comment on pending litigation,” stated the CDE.

However, Governor Gavin Newsom has found himself in the middle of the suit, thanks in large part to admitting earlier this year on his podcast that it was “deeply unfair” to have trans athletes competing against women in sports.

“I think it’s an issue of fairness, I completely agree with you on that. It is an issue of fairness — it’s deeply unfair,” remarked Newsom to Charlie Kirk in March.

This quote was mentioned in the suit.

“The results of these illegal policies are stark: girls are displaced from podiums, denied awards, and miss out on critical visibility for college scholarships and recognition. In the words of the Governor of California, it is ‘deeply unfair’ for girls to compete against boys,” continued the complaint.

With the state agency response on Monday, and hints of his quote being used in the federal response, Newsom clarified his stance in a visit to South Carolina on Tuesday.

“I struggled with the issue of fairness when it came to sports,” explained Newsom. We tried to figure that out a couple of years ago, and we were unsuccessful, and we struggled with that recently. My position is that I don’t think it’s fair, but I also think it’s demeaning to talk down to people, and to belittle the trans community. And I don’t like the way the right wing talks about the trans community. These people just want to survive.”

The state response to the suit is expected soon.