Justice Department (Bigstock photo)
One day after President Donald Trump threatened to strip California of “large scale federal funding” over its policy on transgender student-athletes, his Justice Department announced it is investigating the state for potentially violating Title IX.
“The investigation is to determine whether California, its senior legal, educational, and athletic organizations, and the school district are engaging in a pattern or practice of discrimination on the basis of sex,” the DOJ said in a statement.
The DOJ said it notified State Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, the Jurupa Unified School District, and the California Interscholastic Federation of its investigation.
AB Hernandez, 16, is an out trans female student-athlete at Jurupa Valley High School who qualified for this weekend’s state track and field championship. As the Los Angeles Blade reported earlier this week, the CIF announced a change in the rules at the finals to accommodate girls who were displaced by Hernandez, including giving medals to cisgender competitors who earn a podium spot should Hernandez place ahead of them.
“We remain committed to defending and upholding California laws and all additional laws which ensure the rights of students, including transgender students, to be free from discrimination and harassment,” said Bonta in a statement. “We will continue to closely monitor the Trump administration’s actions in this space.”
As KTLA reported, California is one of 22 states that allow trans student-athletes to participate in sports consistent with their gender identity. Former Gov. Jerry Brown signed that policy into law in 2013.
The DOJ announced it is also now supporting a federal lawsuit targeting Bonta and the state Department of Education, claiming that California law and CIF policy discriminate against cisgender girls by allowing trans female athletes to compete according to their gender identity.
The lawsuit was filed by a conservative law group, Advocates for Faith and Freedom, representing the families of two girls at Martin Luther King High School in Riverside. Their suit claims the school’s cross-country team dropped one athlete from her varsity spot in favor of a trans athlete and that school administrators compared their “Save Girls Sports” T-shirts to swastikas.
Officials in Washington also weighed-in, referring to trans girls and women as “males.”
“Title IX exists to protect women and girls in education,” said Assistant U.S. Attorney General for Civil Rights Harmeet K. Dhillon. “It is perverse to allow males to compete against girls, invade their private spaces, and take their trophies.”
“The law is clear: Discrimination on the basis of sex is illegal and immoral,” said U.S. Attorney Bill Essayli. “My office and the rest of the Department of Justice will work tirelessly to protect girls’ sports and stop anyone — public officials included — from violating women’s civil rights.”
According to Gov. Gavin Newsom’s office, out of the 5.8 million students in California’s K-12 public school system, the number of active trans student-athletes is estimated to be in the single digits.
