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≡ CALIFORNIA SAYS NO ≡
“The California Department of Education (CDE) received the U.S. Department of Education’s Office for Civil Rights’ (OCR’s) June 25, 2025 Letter of Finding and Proposed Resolution Agreement in the above-referenced OCR matter.
“The CDE respectfully disagrees with OCR’s analysis, and it will not sign the Proposed Resolution Agreement.”
That’s the text of a 7 July 2025 letter from California Department of Education General Counsel Len Garfinkel, rebuffing the demand by the U.S. Department of Education on 25 June to agree to a six-point action plan as part of a resolution agreement from the Education Department’s finding that the California Department of Education and the California Interscholastic Federation are in violation of Title IX by discrimination against women and girls on the basis of sex.
The DOE’s view was crystalized thus:
“Title IX of the Education Amendments of 1972 requires schools to ensure equal opportunities for girls, including in athletic activities, but California has actively prevented this equality of opportunity by allowing males in girls’ sports and intimate spaces.”
The CIF sent it own reply to the Education Department, referring to Garfinkel’s letter and declining to accept the resolution agreement.
California has had, since 2013, a law (AB1266) which states:
“A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.”
Education Secretary Linda McMahon replied to both letters on X:
“California has just REJECTED our resolution agreement to follow federal law and keep men out of women’s sports.
“Turns out Gov. Newsom’s acknowledgment that “it’s an issue of fairness” was empty political grandstanding.
“@CAgovernor, you’ll be hearing from @AGPamBondi”
California Governor Gavin Newsom talked about the transgenders-in-sports issue on a podcast discussion with conservative firebrand Charlie Kirk in March, saying:
“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. We’ve got to own that. We’ve got to acknowledge it.”
One of the resolution points demanded by the Education Department was to have female-at-birth athletes receive all awards “misappropriated” by transgenders. The CIF, in a very clever move, ruled that any placement or award made by Jurupa Valley transgender AB Hernandez in the girls high jump, long jump or triple jump at the CIF Southern Section qualifying meet and at the California State meet would also be given to the next-in-line female-at-birth athlete. So, with Hernandez winning two events and placing second in a third, female-at-birth competitors were also given the same places and awards at State, and no one lost a qualifying place to Hernandez from the Southern Section meet.
Transgenders in track & field have not only been involved in the California Interscholastic Federation, but also at the state meets in Oregon and Washington, although the Education Department’s attention has been on California.
Next up, apparently, will be a filing in Federal court from the U.S. Justice Department.
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