In a recent development, the Trump administration has concluded that the California Department of Education along with the state’s high school sports federation breached federal civil rights statutes by permitting transgender girls to participate in girls’ sports teams. The announcement by the federal Education Department on Wednesday outlined a proposal that would require California to prevent transgender women from joining women’s sports and revoke previously awarded records, titles, and honors from transgender athletes. This move is part of the broader initiative by the Republican administration to restrict transgender participation in female sports teams across the country.
The proposal indicates a serious consequence if California opts not to comply, as the Education Department could seek to withdraw federal education funding from the state. Linda McMahon, the Education Secretary, emphasized that “The Trump Administration will relentlessly enforce Title IX protections for women and girls, and today’s findings clearly indicate California’s non-compliance with federal law.” She urged the state to align with Title IX to avoid facing repercussions.
Title IX, established in 1972, is a pivotal law prohibiting sex discrimination within educational settings. However, when contacted, California’s education and sports representatives didn’t immediately issue a response to the recent findings.
The investigations into the California Interscholastic Federation began in February after the federation expressed intention to follow state legislation that permits athletes to engage in sports teams that align with their gender identity. This came in the wake of an executive order by then-President Donald Trump aiming to restrict transgender athletes from participating in girls’ and women’s sports.
McMahon’s department conducted a subsequent investigation into the California Department of Education in April surrounding the same concern. These probes concluded that California’s policies were incompatible with Title IX. The administration has been leveraging this law in its mission against transgender athletes, instigating numerous investigations into educational bodies and states. This approach starkly differs from the Biden administration’s strategy, which sought to broaden Title IX to enhance protections for transgender students. However, efforts to expand the law were thwarted by a federal judge just before Trump assumed office in January.
The suggested resolution demands that California alerts educational institutions that transgender athletes are to be excluded from girls’ sporting teams and mandates that schools adopt biological definitions for “male” and “female.” Any school that conflicts with this directive would be considered to be breaching Title IX under federal interpretation.
Furthermore, athletes who previously lost awards or titles to transgender individuals would have their accolades reinstated under the proposal. The state would also be obliged to issue apology letters to those athletes.
In a parallel case with similar implications in Maine, the state’s education agency was offered a comparable resolution. After Maine refused the proposal in April, a legal battle ensued, where the Justice Department filed a lawsuit aimed at cutting the state’s federal education funds.
California, along with its sports federation, now faces a ten-day window to adhere to the federal proposal or face potentially strict enforcement measures. This comes on the heels of a pilot policy tested by the federation during a state track meet in May. The policy allowed additional competitors in some events, a decision influenced by Trump’s social media criticisms over the participation of AB Hernandez, a transgender high school junior. This prompted the Justice Department to investigate whether Title IX was breached in Hernandez’s district and across the state.
These unfolding situations underscore the contentious and ongoing national debate surrounding transgender rights in sports and education, fueled by differing federal and state interpretations of law and rights.