★ 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! ★
≡ JUNE 9 DEADLINE ≡
In the aftermath of the California State High School Track & Field Championships, at which Jurupa Valley High junior AB Hernandez – a transgender – won two events and was second in a third, U.S. Assistant Attorney General Harmeet Dhillon sent a letter Monday to the California Interscholastic Federation and each of its 10 section commissioners which included:
“As a member of the California Interscholastic Federation (“CIF”), and a political subdivision of the State of California, you are exposed to legal liability due to a policy CIF has enacted that violates federal law. …
“As a political subdivision, you have an obligation to comply with the Equal Protection Clause. To ensure compliance and avoid legal liability, you must certify in writing by 5:00 p.m. ET on June 9, 2025, that you will not implement CIF Bylaw 300.D.”
The letter describes the situation this way:
“The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits discrimination on the basis of sex. Knowingly depriving female students of athletic opportunities and benefits on the basis of their sex would constitute unconstitutional sex discrimination under the Equal Protection Clause.
“Scientific evidence shows that upsetting the historical status quo and forcing girls to compete against males would deprive them of athletic opportunities and benefits because of their sex. Therefore, you cannot implement a policy allowing males to compete alongside girls, because such a policy would deprive girls of athletic opportunities and benefits based solely on their biological sex, in violation of the Equal Protection Clause.”
Dhillon had previously telegraphed that such an action was possible in a 28 May letter to CIF Executive Director Ronald Nocetti, announcing the Justice Department inquiry.
For the CIF and its sections, the newest Dhillon letter places them in an impossible position – as the Justice Department well knows – since California has a 2013 law which has been codified into the CIF bylaws as 300.D, titled “Gender Identity Participation:”
“Participation in interscholastic athletics is a valuable part of the educational experience for all students. All students should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student’s records.”
So now the CIF will be turning to California Attorney General Rob Bonta for a response, since either agreeing or disagreeing with Dhillon’s demand will place the CIF in a legal vice.
In order to blunt the obvious issue of having Hernandez’s participation cost any other athlete a place or prize, the CIF issued a rule prior to last weekend’s State meet that allowed a biological female entry into the meet if placed lower due to Hernandez’s participation.
Further, the CIF provided places and prizes to females in the three events in which Hernandez competed, as if she did not compete. So, there were three first-place winners in the girls high jump (due to a tie for second) and two first-place winners in the triple jump. Hernandez was second in the long jump and another second-place prize was awarded to the next biological female.
The Justice Department has concentrated on California, but transgenders also competed and placed in the State meets in Washington and Oregon. No word on actions against those athletic associations as yet.
¶
★ 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, 694-event International Sports Calendar for 2025 and beyond, by date and by sport, click here!
