California Violated Title IX over Transgender Athletes, Federal Officials Conclude

Introduction to the Investigation

The U.S. Department of Education announced Wednesday that the California Department of Education and the California Interscholastic Federation violated the civil rights of female students on the basis of sex by allowing transgender students to compete in school sports according to their gender identity.

Background of the Investigation

Having concluded its investigation, the U.S. Department of Education is calling on California to “voluntarily agree” to change what it determined are “unlawful practices” within 10 days or risk “imminent enforcement action.”
“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,” U.S. Secretary of Education Linda McMahon said in a statement.
“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. The state must swiftly come into compliance with Title IX or face the consequences that follow.”

Reaction from California Officials

California officials were not immediately available for comment.

History of the Investigation

The U.S. Department of Education’s Office for Civil Rights opened an investigation in February into the California Interscholastic Federation, which oversees sports at more than 1,500 high schools, after the athletic group said it would continue its policy of allowing transgender students to compete in accordance with their gender identity.
California’s education code states that students “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.”

Federal Involvement and Threats

In May, the U.S. Department of Justice began an investigation into whether California, its interscholastic sports federation and the Jurupa Unified School District were violating the civil rights of female students by allowing transgender students to compete in school sports.
President Trump, who made the participation of transgender athletes in women’s sports a key issue of his 2024 election campaign, also threatened last month to cut federal funding to California if the state continued to allow transgender athletes to compete.
Railing against Newsom on Truth Social, Trump complained the state “continues to ILLEGALLY allow MEN TO PLAY IN WOMEN’S SPORTS.”
“I will speak to him today to find out which way he wants to go???” Trump said of Newsom. “In the meantime I am ordering local authorities, if necessary, to not allow the transitioned person to compete in the State Finals. This is a totally ridiculous situation!!!”
The Department of Justice continued to ramp up the pressure on schools, warning school districts in early June that they faced legal trouble if they did not bar such athletes from competition.

State Response to Federal Pressure

The next day, however, California Supt. of Public Instruction Tony Thurmond sent out a letter, saying that the federal warning carried no legal weight. School districts, he said, were still obligated to comply with state law allowing transgender youth to compete.

Conclusion

The conclusion of the investigation by the U.S. Department of Education marks a significant development in the ongoing debate over the participation of transgender athletes in school sports. The findings suggest that California’s current policies violate Title IX, a federal law that prohibits discrimination on the basis of sex in educational programs. The state’s response to the federal government’s demands will be closely watched, as it could have implications for transgender athletes and schools across the country.

FAQs

What is Title IX?

Title IX is a federal law that prohibits discrimination on the basis of sex in educational programs, including sports.

What is the California Interscholastic Federation?

The California Interscholastic Federation is an athletic organization that oversees sports at more than 1,500 high schools in California.

What is the current policy in California regarding transgender athletes?

California’s education code states that students “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.”

What are the implications of the U.S. Department of Education’s findings?

The findings suggest that California’s current policies violate Title IX, and the state may face consequences if it does not change its policies to come into compliance with federal law.

What is the next step for California?

California has 10 days to “voluntarily agree” to change its policies or risk “imminent enforcement action” from the U.S. Department of Education.