Dept of Education accuses California of violating Title IX by allowing trans athletes in women's sports

Dept of Education accuses California of violating Title IX by allowing trans athletes in women's sports
Transgender athlete AB Hernandez of Jurupa Valley waits for the start of the girls high jump during the CIF State Track and Field Championships at Veterans Memorial Stadium on May 30, 2025 in Clovis, California (Kirby Lee/Getty Images)

LOS ANGELES, CALIFORNIA: The US Department of Education has determined that California and its high school sports governing body, the California Interscholastic Federation (CIF), violated federal civil rights law by allowing transgender athletes to compete according to their gender identity.

In a statement released Wednesday, Education Secretary Linda McMahon said the state has ten days to reverse its policy or face “imminent enforcement action,” including the possible loss of federal education funding, reports the LA Times.

Trump administration accuses state of undermining women’s rights

Transgender athlete AB Hernandez of Jurupa Valley competes in the girls long jump during the CIF State Track and Field Championships at Veterans Memorial Stadium on May 30, 2025 in Clovis, California. (Photo by Kirby Lee/Getty Images)
Transgender athlete AB Hernandez of Jurupa Valley competes in the girls' long jump during the CIF State Track and Field Championships at Veterans Memorial Stadium on May 30, 2025, in Clovis, California (Kirby Lee/Getty Images)

US Secretary of Education Linda McMahon criticized California’s handling of transgender participation in school sports, pointing out, “Although Governor Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”

“The Trump Administration will relentlessly enforce Title IX protections for women and girls, and our findings today make clear that California has failed to adhere to its obligations under federal law,” McMahon said. “The state must swiftly come into compliance with Title IX or face the consequences that follow.”

A sign that reads Goo Girls. Honor Title IX at a protest against transgender athlete AB Hernandez of Jurupa Valley during the CIF State Track and Field Championships at Veterans Memorial Stadium on May 30, 2025 in Clovis, California. (Photo by Kirby Lee/Getty Images)
A sign that reads Gooo Girls Honor Title IX at a protest against transgender athlete AB Hernandez of Jurupa Valley during the CIF State Track and Field Championships at Veterans Memorial Stadium on May 30, 2025 in Clovis, California (Kirby Lee/Getty Images)

Liz Sanders, spokesperson for the California Department of Education, responded to the criticism with a statement saying, “The state education office believes all students should have the opportunity to learn and play at school, and we have consistently applied existing law in support of students’ rights to do so.”

Governor Gavin Newsom’s office pushed back sharply. Spokesperson Izzy Gardon dismissed the findings as “dramatic, fake, and completely divorced from reality,” likening McMahon’s tone to her former professional wrestling career. “It wouldn’t be a day ending in ‘Y’ without the Trump Administration threatening to defund California. Now, Secretary McMahon is confusing government with her WrestleMania days — dramatic, fake, and completely divorced from reality. This won’t stick.”

A representative for California Attorney General Rob Bonta said in a statement that the office is actively reviewing the proposed resolution and is keeping a close watch on actions taken by Trump administration officials.

“Our office remains committed to defending California laws that protect the rights of all students to inclusive education environments and school athletic programs,” the spokesperson noted.

 

Meanwhile, the California Interscholastic Federation (CIF), which operates independently as a nonprofit, declined to weigh in. “We do not comment on legal matters,” a CIF spokesperson said via email.

Education department rules state’s athletic policy violates civil rights of female students

The US Department of Education has concluded a months-long civil rights investigation into California’s high school athletics policy, determining that the state’s allowance of transgender students to compete in accordance with their gender identity constitutes a violation of federal protections for female students.

The inquiry, spearheaded by the department’s Office for Civil Rights (OCR), was launched in February and focused on the California Interscholastic Federation (CIF), which oversees sports across more than 1,500 public high schools in the state. The CIF’s standing policy aligns with California law, which guarantees transgender students the right to participate in sex-segregated programs based on their gender identity, not their biological sex.

However, federal investigators under President Donald Trump’s administration took a starkly different stance, interpreting Title IX—a 1972 law that bars discrimination “on the basis of sex” in federally funded education programs—as referring exclusively to biological sex.

The investigation came on the heels of an executive order Trump signed on his first day back in office, mandating federal agencies to define “sex” as strictly male or female.

WASHINGTON, DC - FEBRUARY 05: U.S. President Donald Trump joined by women athletes signs the “No Men in Women’s Sports” executive order in the East Room at the White House on February 5, 2025 in Washington, DC. The executive order, which Trump signed on National Girls and Women in Sports Day, prohibits transgender women from competing in women’s sports and is the third order he has signed that targets transgender people. (Photo by Andrew Harnik/Getty Images)
US President Donald Trump, joined by women athletes, signs the 'No Men in Women’s Sports' executive order in the East Room at the White House on February 5, 2025 in Washington, DC (Andrew Harnik/Getty Images)

In May, the Department of Justice expanded the probe to include not only the CIF but also the Jurupa Unified School District in Riverside County, questioning whether their policies infringed on the rights of cisgender female athletes.

The clash between state and federal perspectives has reignited debate over the scope of Title IX. While California and nearly two dozen other states maintain laws affirming the rights of transgender students to compete according to gender identity, the Trump administration has aggressively sought to roll back such protections.

A January New York Times/Ipsos survey found that nearly 70% of Democratic or left-leaning adults opposed the inclusion of transgender athletes in female sports categories, suggesting that political support for such policies is softer than party lines might indicate.

California education officials have defended their position, stating that the state’s laws aim to create inclusive environments for all students.

Feds lay out tough demands for California over trans athlete policy

CLOVIS, CALIFORNIA - MAY 30: A Cessna 172N Skyhawk plane (registration N5832J) tows a sign that reads No Boys in Girls Sports in protest to transgender athlete AB Hernandez of Jurupa Valley during the CIF State Track and Field Championships at Veterans Memorial Stadium on May 30, 2025 in Clovis, California. (Photo by Kirby Lee/Getty Images)
CIF State Track and Field Championships
A Cessna 172N Skyhawk plane (registration N5832J) tows a sign that reads No Boys in Girls Sports in protest to transgender athlete AB Hernandez of Jurupa Valley during the CIF State Track and Field Championships at Veterans Memorial Stadium on May 30, 2025 in Clovis, California (Kirby Lee/Getty Images)

The US Department of Education has issued a sweeping ultimatum to California, demanding the state overhaul its transgender athlete policies or face the possibility of losing significant federal education funding. Under the department’s proposed Resolution Agreement, unveiled Wednesday, California must begin enforcing what the Trump administration calls a “biology-based” interpretation of Title IX.

According to the document, California is required to notify all recipients of federal funding, such as public school districts and athletic programs, that Title IX prohibits “males from participating in female sports and from occupying female intimate facilities.” The demand is clear: schools must adopt federal definitions of “male” and “female” based strictly on biology.

Furthermore, the Department of Education has directed the California Department of Education and the California Interscholastic Federation (CIF) to revoke all previous guidance that permitted transgender girls to compete in girls’ sports. The department insists that schools must be informed that any state laws conflicting with the federal interpretation of Title IX are considered preempted and therefore unenforceable.

Additionally, it calls for the restoration of awards, records, and titles to female athletes who lost competitions to transgender students. A formal apology is also to be issued to those female athletes who the department claims were adversely affected by what it describes as the misappropriation of female competitions by male athletes.

US Secretary of Education Linda McMahon warned that California could be at risk of losing federal funding for its K-12 public schools if the state doesn't take corrective action.

Pressed on how much money could be withheld, McMahon didn’t provide a specific figure but said, “I’d have to look at that to be exact because they’re different levels of it, but it could be a substantial amount of money that would come into California.”

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