The state of California could soon find itself in court unless it immediately stops transgender athletes from competing in girls high school sports.
The U.S. Department of Education announced on Wednesday that the California Department of Education and the state’s high school athletics governing body are in violation of federal law and have 10 days to change their practices.
Both agencies will be referred to the U.S. Department of Justice and could have their federal funding terminated if no changes are made, U.S. Secretary of Education Linda McMahon said in a statement.
Under the direction of the Trump administration, the Education Department is also demanding the removal of all athletic records for transgender athletes. It also has directed the state to send written apologies to athletes who were affected by transgender participation in high school sports.
“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 in a statement. “The state must swiftly come into compliance with Title IX or face the consequences that follow.”
Title IX is a law passed in 1972 that prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance.
The latest development comes less than a month after the Trump administration threatened the California Interscholastic Federation for allowing Southern California transgender track and field athlete AB Hernandez to compete at the state championships.
The CIF made a last-minute change that assured biological females competing against Hernandez at the meet would not lose medals or spots in the competition. As a result, Hernandez was one of three first–place medalists in the high jump and shared first place with one other competitor in the triple jump.
The Education Department asserts that the CIF has unfairly allowed transgender athletes to compete in girls sports.
A similar demand was made of Maine’s education department in a separate clash with the federal government over transgender athletes in April. Maine rejected the proposal, and the Trump administration sued the state five days later.
At this point, the California Education Department has argued that it is simply following state law.
“The California Department of Education 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,” Liz Sanders, the Director of Communications at the state Education Department, said on Wednesday.
If things don’t change, California and the DOJ could soon be headed for a legal showdown. When reached by the Bay Area News Group on Wednesday, the CIF said it “does not comment on legal matters.”
The issue of transgender athletes competing in women’s and girls sports became a national talking point during the 2024 presidential election. The presence of a transgender player on the San Jose State women’s volleyball team was at the heart of the debate.
In February, Trump signed an executive order that barred transgender athletes from participating in girls and women’s sports. The same day, the NCAA changed its policies on trans participation to align with the executive order.
But the CIF remained steadfast that it would comply with California law, which permits “students to participate in school programs and activities, including athletic teams and competitions, consistent with the student’s gender identity, irrespective of the gender listed on the student’s records.”
Reactions were divided to McMahon’s announcement on Wednesday, with advocacy groups on both sides of the issue not changing their position.
“As a former CIF athlete and collegiate athlete in California, I am deeply grateful to see the U.S. Department of Education taking action,” Sophia Lorey of the California Family Council said in a statement. “I’ve personally heard from too many young women who have faced the injustice of being forced to compete against male athletes, losing out on championships, awards, and their right to safety.”
“We urge the California Department of Education and CIF to comply immediately and put our daughters first,” Lorey said.
Equality California, the nation’s largest LGBTQ+ statewide civil rights organization, defended the CIF, describing the federal government’s demands as a “dangerous distortion of Title IX and a direct attack on transgender youth in California.”
“Let’s be clear: this isn’t about fairness in sports and never has been — it’s about a federal administration weaponizing civil rights laws to target transgender students and force California to comply with their hateful anti-transgender agenda,” Equality California Executive Director Tony Hoang said.
“Transgender youth belong in our schools, on our teams, and in our communities — without apology and without exception,” Hoang said. “We will not be bullied into erasing transgender youth from public life — not in California, not anywhere.”
Bay Area News Group’s Molly Gibbs contributed to this report.