★ The Sports Examiner: Chronicling the key competitive, economic and political forces shaping elite sport and the Olympic Movement.★
★ To get the daily Sports Examiner Recap by e-mail: sign up here! ★
≡ U.S. vs. CALIFORNIA ≡
As promised by U.S. Education Secretary Linda McMahon on Monday, the U.S. Department of Justice filed suit on Wednesday against the California Department of Education and the California Interscholastic Federation over its allowance of transgender girls to compete in its high school sports competitions, under state law.
The 24-page complaint (8:25-cv-1485) was filed in Federal Court for the Central District of California, in Los Angeles and asks for, “[a] declaratory judgment that Defendants’ policies, practices, and actions violate Title IX and Defendant CDE’s Title IX contractual assurances” plus a permanent injunction against further violations and an order to:
“(1) Issue directives to all California CIF member schools prohibiting the participation of males in athletic competitions designated for females;
“(2) Implement a monitoring and enforcement system to ensure compliance with Title IX’s requirement of equal athletic opportunity;
“(3) Establish a process to compensate female athletes who have been denied equal athletic opportunities due to Defendants’ violations, including correcting past athletics records; and
“(4) Submit regular compliance reports to the Court and the United States for a period of no less than five years.”
Monetary penalties were also requested, but with no specific amount given.
The case is laid out in the introduction, which includes:
● “4. Defendants’ policies and actions are harming girls by denying girls the opportunity to compete in student sports on a level playing field in which they have the same opportunities as boys. Defendants’ athletics policies and practices unfairly force girls to compete against boys in competitions designated for girls. These policies and actions discriminate based on sex and harm female student athletes under Defendants’ educational charge.
● “5. Not only do Defendants’ policies and actions eviscerate equal athletic opportunities for girls but they also require girls to share intimate spaces, such as locker rooms, with boys, causing a hostile educational environment that denies girls educational opportunities. …
● “7. The inherent physiological differences between the two sexes generally make them not similarly situated in athletics. These physiological differences exist regardless of a person’s subjective ‘gender identity.’”
The suit points to the regulations which have been implemented around Title IX with respect to athletics, in the Code of Federal Regulations (CFR), specifically:
“The Athletics Regulation first declares a general prohibition on the use of sex in athletics, providing that ‘[n]o person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient, and no recipient shall provide any such athletics separately on such basis.’ 34 C.F.R. § 106.41(a).
“[D]ue to the physical advantages males generally have over females, the Athletics Regulation permits recipients to separate athletic teams by sex: ‘[A] recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport.’ 34 C.F.R. § 106.41(b).”
California, of course, passed AB1266 in 2013, which is now codified as Calif. Education Code sec. 221.5(f):
“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.”
Following the announcement of Pres. Donald Trump’s Executive Order 14201 – “Keeping Men Out Of Women’s Sports” on 5 February 2025, the CIF asked California State Superintendent of Education Tony Thurmond about the conflict with the state law, also codified as CIF Bylaw 300.D. Thurmond replied:
“CIF should continue to comply. Going forward, we appreciate your continuing efforts to protect transgender student-athletes from discrimination and harassment.”
The suit cites five situations in which transgender athletes – all unnamed in the suit – competed in the girls division, starting with AB Hernandez of Jurupa Valley High School, who won the California State High School track & field titles in the girls’ high jump and long jump and was second in the long jump. Also cited were four more athletes, two more in track & field in the Southern Section and Central Coast Section, a three-sport in the North Coast Section and a volleyball player in the Central Coast Section.
In a video posted on X, U.S. Attorney General Pam Bondi appeared with Education Secretary McMahon and noted that California is not the only target regarding Title IX infractions:
“We’ve suited Maine, we’re in litigation with Minnesota, we’ve sent multiple letters, and if you do not comply, you’re next. The Department of Education and the Department of Justice, we will protect girls in girls sports.”
No reply announcements were posted by the California Education Department, or the CIF.
¶
★ Receive our exclusive, weekday TSX Recap by e-mail by clicking here.
★ Sign up a friend to receive the TSX Recap by clicking here.
★ Please consider a donation here to keep this site going.
For our updated, 699-event International Sports Calendar for 2025, 2026 and beyond, by date and by sport, click here!
