Justice Department sues California over human rights violating transgender athlete policies

The Trump administration sued California on Wednesday for allegedly 
violating federal law with policies that allow transgender student 
athletes to compete on school sports teams that align with their gender 
identities.

The lawsuit is the latest escalation of the administration’s 
back-and-forth with the state, which has refused to follow an executive 
order President Donald Trump signed in February that would bar federal 
funding from schools that allow trans girls and women to compete on 
female school sports teams.

The Justice Department alleges in its complaint that the California 
Department of Education (CDE) and the California Interscholastic 
Federation (CIF), a nonprofit independent sports governing body, have 
violated Title IX, a civil rights law that prohibits sex-based 
discrimination in federally funded education programs and activities.

“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,” Attorney General Pamela Bondi said in a statement, 
referring to a comment Gov. Gavin Newsom made on his podcast in March. 
“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.”

The Department of Education has allocated $44.3 billion in funds to CDE 
for 2025, according to the complaint, of which $3.8 billion is still 
available for the CDE to withdraw.

Scott Roark, the CDE’s public information officer, and Christina 
Shannon, the assistant to the executive director for the CIF, both said 
in emails that they cannot comment on legal matters.

Newsom is not a named plaintiff in the lawsuit. However, Elana Ross, a 
spokesperson for his office, said the CIF and the CDE are following 
existing state law, “a law that was passed in 2013, signed by Governor 
Jerry Brown, and in line with 21 other states.”

“NO COURT HAS ADOPTED THE INTERPRETATION OF TITLE IX ADVANCED BY THE 
FEDERAL GOVERNMENT, AND NEITHER the Governor, nor THEY, get to wave a 
magic wand and override it — unlike Donald Trump, California follows the 
law,” Ross said in an emailed statement. “At a time when the Trump 
administration is withholding billions in funds for education, this 
ongoing attack is a cynical attempt to distract from the Trump 
administration’s defunding of nearly 3 million girls enrolled in 
California’s public school.”

Trump’s executive order regarding trans athlete participation is based 
on his administration’s interpretation of Title IX and essentially 
reversed a rule the Biden administration issued last April clarifying 
that Title IX protects LGBTQ students from discrimination based on 
sexual orientation and gender identity. Biden’s administration proposed 
a different rule under Title IX in 2023 that would have prohibited 
blanket bans on trans athlete participation. However, after repeated 
delays, the administration withdrew the proposal in December 2024 and 
then issued the broad rule protecting LGBTQ students in April.

More than half of states have enacted measures restricting trans 
students’ participation in school sports, according to the Movement 
Advancement Project, an LGBTQ think tank. California is one of 21 states 
that does not and has had a state law allowing trans students to compete 
on school sports teams that align with their gender identities since 2013.

The back-and-forth between the Trump administration and California began 
just after Trump signed the executive order regarding trans athletes in 
February. That same month, the CIF said it would follow state law and 
not Trump’s executive order. Then, days later, the Education Department 
opened an investigation into the CIF and then began investigating the 
California Department of Education in April.

The administration said last month that its investigation found both the 
CDE and the CIF violated Title IX, and it gave both organizations 10 
days to voluntarily change the policies “or risk imminent enforcement 
action,” including referral to the Justice Department for “proceedings.” 
The Education Department also proposed a resolution agreement with a 
list of actions the organizations would need to take to bring the state 
into compliance with Trump’s executive order.

On Monday, the CDE told the Education Department in a letter that it 
disagreed with the investigation’s findings and would not sign the 
proposed resolution agreement. The CIF said it agreed with the CDE and 
would also not sign the agreement. That same day, Education Secretary 
Linda McMahon threatened the state with legal action in a post on social 
media.

The heated exchanges were fueled in part by Trump’s criticism of AB 
Hernandez, a trans track-and-field athlete whose participation he 
described as “NOT FAIR, AND TOTALLY DEMEANING TO WOMEN AND GIRLS” on 
Truth Social in May.

At the state championships that month, Hernandez placed first in the 
triple jump, tied for first with two competitors in the high jump and 
placed second in the long jump. Due to a new pilot entry process from 
the CIF, which it announced shortly after Trump’s criticism, Hernandez 
shared each podium with cisgender girls who would’ve placed after her if 
not for the new policy.

https://www.nbcnews.com/nbc-out/out-politics-and-policy/justice-department-sues-california-transgender-athlete-policies-rcna217758