Female high school athletes were forced off their varsity team to make room for a biological male, sparking a federal investigation that could dismantle California’s controversial transgender sports law.
Key Takeaways
- The Department of Justice is investigating whether California’s AB 1266, which allows transgender athletes to compete based on gender identity rather than biological sex, violates Title IX protections.
- Female athletes from Martin Luther King High School have filed a lawsuit claiming they were displaced from varsity teams and lost competitive opportunities to accommodate male athletes identifying as female.
- The DOJ has sent legal notices to California Attorney General Rob Bonta, State Superintendent Tony Thurmond, and the California Interscholastic Federation (CIF) as part of its investigation.
- The federal inquiry aims to determine if there’s a pattern of sex-based discrimination in California’s educational athletic systems that harms biological female athletes.
- President Trump’s administration has threatened to withhold federal funding from California over transgender athlete participation in girls’ sports.
Federal Investigation Targets California’s Transgender Sports Policy
The U.S. Department of Justice has launched a formal investigation into California’s AB 1266, the controversial law that allows students to participate in sex-segregated school programs and activities, including sports teams, based on their gender identity rather than biological sex. The investigation, announced on May 28, is examining whether the state’s policies violate Title IX, the federal law designed to protect against sex-based discrimination in federally funded educational programs. This marks a significant development in the ongoing national debate about transgender participation in women’s sports.
Legal notices have been sent to California Attorney General Rob Bonta, State Superintendent Tony Thurmond, and the California Interscholastic Federation (CIF) regarding the investigation. The DOJ’s action follows President Trump’s threat to withhold federal funding from California after concerns were raised about a transgender athlete’s participation in state track and field championships. The federal investigation will determine if there is a systemic pattern of discrimination that unfairly disadvantages biological female athletes in the state’s educational and athletic systems.
The Department of Justice announced it is opening an investigation to determine if a state law allowing transgender athletes to compete on female sports teams at California schools violates the federal Title IX civil rights law https://t.co/iPvcYbxjfz
— KESQ News Channel 3 (@KESQ) May 28, 2025
Female Athletes Allege Direct Harm From Transgender Inclusion
At the heart of the investigation is a lawsuit, Save Girls’ Sports, et al. v. Thurmond, et al., in which the DOJ has filed a statement of interest. The suit involves female athletes from Martin Luther King High School who claim they’ve suffered direct negative consequences from the inclusion of biological males in their sports. One plaintiff, identified as T.S., was removed from the varsity team to make room for a male athlete, significantly impacting her opportunities for competition, recognition, and potential college recruitment.
“Title IX exists to protect women and girls in education. It is perverse to allow males to compete against girls, invade their private spaces, and take their trophies,” said Harmeet K. Dhillon, Assistant Attorney General for Civil Rights.
The lawsuit also claims that the school district violated the plaintiffs’ constitutional rights by prohibiting them from wearing protest t-shirts expressing their opposition to the policy. This additional free speech element has broadened the case beyond athletic participation to include First Amendment considerations. The plaintiffs are seeking both declaratory and injunctive relief regarding the school’s speech policies and the rules governing participation in girls’ sports competitions.
State Authorities Defend Policies While Administration Takes Action
California officials have defended their inclusive policies, citing state law that prohibits discrimination based on gender identity. The CIF has publicly maintained its commitment to providing opportunities for all student-athletes while attempting to navigate the complex legal landscape. In response to the controversy, the organization has adjusted competition rules to allow more girls to participate in state championships, apparently trying to create a compromise solution without fully reversing their stance.
“The law is clear: Discrimination on the basis of sex is illegal and immoral,” said United States Attorney Bill Essayli.
The Department of Justice’s investigation is just one front in the administration’s broader effort to protect women’s sports. Earlier actions included investigations into both the CIF and the Minnesota State High School League for potential non-compliance with an executive order specifically designed to protect girls in sports. Assistant U.S. Attorney Richard Park is handling the California case, with the Civil Rights Division accepting reports of related civil rights violations from the public. This coordinated approach demonstrates President Trump’s commitment to preserving fair competition for female athletes.
Growing National Debate Over Fairness in Women’s Athletics
The California case has become a flashpoint in the national conversation about transgender participation in women’s sports. One transgender athlete in particular, AB Hernandez, has drawn attention as the only openly transgender competitor at the CIF State Track and Field meet. Hernandez’s success in qualifying for multiple events has intensified scrutiny of the state’s policies and their impact on competitive fairness. The debate extends beyond California, with similar controversies emerging in states across the country as policymakers grapple with balancing inclusion against biological realities.
“I have nothing against this athlete as a person and I have nothing against the trans community,” said Katie McGuinness.
According to CDC data, approximately 3.3% of high school students identify as transgender, though the number actively participating in competitive sports is much smaller. Nevertheless, the presence of biological males in female competitions has raised legitimate concerns about fairness, safety, and the future of women’s athletics. The DOJ’s characterization of California as potentially “engaging in a pattern or practice of discrimination based on sex” signals a significant shift in how federal authorities interpret Title IX protections and could have far-reaching implications for similar policies nationwide.
