The U.S. Department of Education has concluded that California’s education department and its governing body for high school sports are in violation of Title IX, a federal statute prohibiting sex discrimination in education. The federal government warned California to modify its policies within 10 days or face “imminent enforcement action.” If not compliant, the administration may refer the state to the U.S. Justice Department, according to the Education Department.
California, however, affirmed that it has no intention of altering its policies.
“The California Department of Education believes every student should have the opportunity to learn and participate in school activities, and we have consistently applied existing laws to support students’ rights in this regard,” stated agency spokesperson Liz Sanders.
U.S. Education Secretary Linda McMahon referenced comments made by Democratic Gov. Gavin Newsom in March on his podcast, questioning the fairness of transgender girls competing in girls’ sports.
“The Trump Administration will firmly enforce Title IX protections for women and girls, and our findings today clearly indicate that California has not met its responsibilities under federal law,” she said in a statement.
She informed Fox News that the agency may withdraw federal funding if the state does not comply. The Education Department also suggested the state should apologize and restore titles to girls who lost sports championships to transgender athletes, notifying school sports programs receiving federal funds that Title IX prohibits transgender girls from joining girls’ teams.
This announcement follows the recent attention on a transgender student athlete who competed in the California high school state track and field championship. The athlete, AB Hernandez, won the high jump and triple jump and secured second place in the long jump. The California Interscholastic Federation awarded gold and silver medals to both Hernandez and other competitors who would have reached the podium if she hadn’t participated. This marked the first instance of such a rule adjustment by the federation.
This topic is part of a broader national debate on transgender youth rights, wherein states have restricted transgender girls from competing on girls’ teams, prohibited gender-affirming surgeries for minors, and mandated parental notification if a child changes their pronouns in school. Over two dozen states have implemented laws barring transgender women and girls from certain sports events, although some of these have been challenged in court.
“This is not solely about sports and locker rooms; it’s about erasing transgender individuals entirely,” stated Trevor Norcross, the father of a transgender student-athlete in San Luis Obispo County. “The focus on sports and locker rooms is merely a strategy to normalize discrimination against transgender youth.”
Norcross’s daughter, who will be a junior in high school in the fall, has been part of the girls’ track team since her freshman year. Although she has faced backlash due to her participation in recent months, it predominantly stems from parents and advocates outside the school community, according to Norcross.
He described the U.S. Education Department’s announcement on Wednesday as yet another instance of “bullying” by the administration.
Trump had signed an executive order in February that aimed at prohibiting transgender women and girls from competing on teams corresponding with their gender identity.
Nonetheless, a California law enacted in 2013 by then-Gov. Jerry Brown permits students to engage in sex-segregated school programs, including sports, and to utilize facilities that align with their gender identity.
Spokesperson Izzy Gardon for Newsom remarked that McMahon’s threat to retract federal funding over the state’s policy was “dramatic, fake, and completely detached from reality.” The governor’s office stated that the U.S. Education Department’s letter was not regarded as “a serious legal document,” but rather “a political document intended to intimidate school officials and unlawfully override well-established state laws protecting students.”
The California Interscholastic Federation opted not to comment on the announcement, citing its policy against discussing legal matters.
In a letter following the state track and field championships, Harmeet Dhillon, U.S. assistant attorney general for civil rights, declared that the federation is contravening the U.S. Constitution by permitting transgender girls to participate in sex-segregated sports consistent with their gender identity.
The California Family Council, a conservative organization opposing transgender girls’ participation in girls’ sports, expressed support for the federal government’s findings on Wednesday.
“This decision represents a vital step toward restoring fairness and safeguarding the integrity of girls’ sports in our state,” said advocate Sophia Lorey in a statement.
Conversely, Equality California, an LGBTQ+ advocacy group, characterized the findings as a “dangerous misinterpretation of Title IX and a direct attack on transgender youth in California.”
“Let’s be clear: this isn’t about fairness in sports and never has been — it’s about a federal administration weaponizing civil rights laws to target transgender students and compel California to conform to their hateful anti-transgender agenda,” stated Tony Hoang, the group’s executive director, in a statement.
