Trump administration: California violated Title IX with trans athletes

LOS ANGELES - The U.S. Department of Education's Office for Civil Rights has determined that California's Department of Education and the California Interscholastic Federation are in violation of Title IX. 

What we know:

The U.S. Department of Education's Office for Civil Rights (OCR) announced on Wednesday that it has found the California Department of Education (CDE) and the California Interscholastic Federation (CIF) in violation of Title IX. 

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This violation is specifically tied to their policies permitting transgender athletes to compete against biological females in sports.

What they're saying:

U.S. Education Secretary Linda McMahon stated, "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." 

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She added, "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.

The CIF released a statement saying it does not comment on legal matters.

The backstory:

Title IX of the Education Amendments of 1972 mandates that schools provide equal opportunities for girls, including in athletic activities. 

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Federal officials argue that California has actively undermined this equality by "allowing males in girls' sports and intimate spaces."

Assembly Bill 1266, enacted in 2013, aims to prevent discrimination against transgender students in California schools and ensures their right to participate in school activities, including athletics, consistent with their gender identity. 

This law is at the heart of the current legal and political challenges. 

The CIF has maintained its policy allowing students to participate in activities consistent with their gender identity, citing California law.

The U.S. Department of Justice (DOJ) initiated an investigation to determine if California's state law, Assembly Bill 1266 (2013), and a CIF bylaw, violate the federal Title IX civil rights law by allowing transgender athletes to compete on female sports teams.

The DOJ's letter to the CIF specifically references the participation of a transgender athlete from Jurupa Valley High School, AB Hernandez, in the CIF State Track and Field meet in Clovis, where Hernandez won two events and placed second in another despite protests. 

Local perspective:

Trump has publicly stated that "large scale fines will be imposed" on California and has threatened to withhold federal education funding due to the state's policies allowing transgender athletes to compete in girls' sports.

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The California Interscholastic Federation (CIF) announced a rule change that allows biological female athletes to share the podium and receive full team points for the placement they would have earned if not for the presence of transgender athletes.

The other side:

"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 spokesperson for Gov. Newsom's office said in a statement.

What's next:

Officials stated that the OCR has issued a proposed Resolution Agreement to the CDE and CIF. 

This agreement aims to resolve their Title IX violations and provides both entities with an opportunity to voluntarily agree to change their practices within 10 days. 

Failure to comply could lead to imminent enforcement action, including referral to the U.S. Department of Justice for further proceedings.

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The CDE is expected to issue a notice to all recipients of federal funding that operate interscholastic athletic programs in California. 

This notice will require them to comply with Title IX, which includes adopting biology-based definitions of the words "male" and "female." 

The federal agency also requires all recipients to "restore to female athletes all individual records, titles, and awards misappropriated by male athletes competing in female competitions" and to "send a personalized letter apologizing on behalf of the state of California for allowing her educational experience to be marred by sex discrimination."

 

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