The U.S. Department of Education is intensifying its legal push against California’s policy allowing transgender athletes to compete in girls’ sports, arguing that the state is out of compliance with federal law. On Monday, July 7, Education Secretary Linda McMahon warned California Gov. Gavin Newsom, D, that legal action is likely after the state declined to adopt federal guidelines.
Education Department threatens legal action against California
The conflict stems from President Donald Trump’s directives to restore biological sex distinctions and remove access to women’s and girls’ activities for transgender women.
In a post on X, McMahon said California has “just rejected our resolution agreement to follow federal law and keep men out of women’s sports.” She tagged Newsom and U.S. Attorney General Pam Bondi, saying Newsom is acknowledging the refusal as an issue of fairness.
What does California law say?
California law allows students to participate in sports in alignment with their gender identity. State Superintendent of Public Instruction Tony Thurmond said the state’s law does not agree with federal law.
In a June statement, he said, “California state law protects all students’ access to participate in athletics in a manner that is consistent with their gender identity. We will continue to follow the law and ensure the safety of all our athletes.”
Federal investigation finds California in violation of Title IX
On June 25, the Education Department’s Office for Civil Rights sent a letter to the California Interscholastic Federation (CIF), the governing authority over high school sports, after completing an investigation into allegations of discrimination against women and girls based on sex. The investigation also included the California Department of Education; both agencies were found to be in violation of Title IX, a federal requirement that schools ensure girls receive equal opportunities, including in athletics.
According to McMahon, both Newsom and the entire state of California have allowed “men to steal female athletes’ well-deserved accolades and to subject them to indignity of unfair and unsafe competitions.”
CIF’s current guidelines allow all students the opportunity to participate in sports in accordance with their gender identity.
According to the CIF website, “The student and/or student’s school may seek review of the student’s eligibility for participation in interscholastic athletics in a gender that does not match the gender assigned to him or her at birth.”
The findings were accompanied by a resolution agreement requiring the state to ban all transgender women from participating in women’s sports. The Education Department also directed California to adopt and use biology-based definitions of male and female when operating interscholastic athletic programs.
California refuses to comply with federal government
California countered the federal government’s claims following the findings and braced for legal action by filing a pre-enforcement lawsuit against the Department of Justice in June.
During that same month, AB Hernandez, a transgender student in Southern California, won two first-place medals and a second-place medal at a girls’ track and field event. In response to pending threats from the Trump administration, the CIF modified some of its rules and policies to expand the number of girls who could reach the podium in events featuring a transgender athlete.
