The Department of Justice followed through on a threat to sue the California public school system, taking legal action on Wednesday in a case involving a transgender high school athlete.
The filing in the Central District of California targets a pair of defendants, the California Department of Education and the California Interscholastic Federation.
At issue is the participation of transgender girls in girls’ sports, specifically focused on a 16-year-old named AB Hernandez who won multiple medals at the state track championship. Hernandez, a biological male, won the high jump and triple jump and finished second in the long jump.
The Department of Justice’s Civil Rights Division sent a letter to the CIF in early June saying that allowing trans athletes to compete against those who match their gender identity amounts to a violation of the 14th Amendment, which guarantees equal protection.
A CIF bylaw allows trans athletes to compete with girls, regardless of the gender listed on a student’s academic record.
On June 25, the California Department of Education rejected a letter of finding and proposed resolution agreement from the U.S. Department of Education’s Office for Civil Rights, which led to the DOJ’s action.
“These discriminatory policies and practices ignore undeniable biological differences between boys and girls, in favor of an amorphous ‘gender identity,'” the DOJ said in its filing Wednesday. “The results of these illegal policies are stark: girls are displaced from podiums, denied awards, and miss out on critical visibility for college scholarships and recognition.”
The DOJ also used California Gov. Gavin Newsom’s own stance against the CIF, writing, “In the words of the Governor of California, it is ‘deeply unfair’ for girls to compete against boys.”
Attorney general Pam Bondi claimed in a post on X (Twitter) that “California officials are failing to protect girls on the playing field and in the locker room.”
A New York Times poll earlier this year found that 79 percent of respondents don’t want biological men or boys competing in women’s or girls’ sports.
On Feb. 5, Trump signed an executive order to protect women’s sports and keep biological men out of them.
State officials were prepared for blowback to Hernandez’s participation at the state meet, which took the form of protests and even a plane flying a banner that read “No boys in girls sports.” The CIF ruled that Hernandez would share the podium with the competitors she beat.
For instance, in the triple jump, Hernandez shared first place with Kira Gant Hatcher. There was a three-way tie between Hernandez and two cisgender athletes in the high jump.
President Donald Trump has made keeping transgender females out of competitions for girls and women a goal of his second administration.
As for Newsom’s involvement, his press office reacted in a post on X that emphasized Newsom was not named as a defendant in the lawsuit.
“Actual facts: The California Department of Education (CDE) and CIF are both *independent* from the Newsom admin, and they are following existing state law — a law that was passed in 2013, signed by Governor Jerry Brown, and in line with 21 other states,” the post read.
“No court has adopted the interpretation of Title IX that is being advanced by the Trump Admin, and neither the Governor, nor they, get to wave a magic wand and override it — unlike Donald Trump, California follows the law, not personal opinions.”
–Field Level Media
