Justice Department probes California over transgender athlete policies

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PALM SPRINGS, CA — The U.S. Department of Justice announced that it will investigate whether a California law is violating Title IX after a transgender high school athlete won track events to qualify for the state track and field championships.

In a May 28 news release, the Justice Department said it had sent legal notices to state officials, saying it is opening an investigation to determine whether Title IX is being violated by California’s School Success and Opportunity Act, or AB 1266. The announcement came just a day after President Donald Trump warned he would cut federal funding to the state for allowing transgender athletes to compete in women’s sports.

The state law requires that students be allowed to participate in sex-segregated school programs like sports teams and competitions consistent with their gender identity, regardless of their gender listed on their records. Title IX is a federal law that prohibits sex-based discrimination in educational programs and activities that receive federal financial assistance, according to the Education Department.

The letters were sent to California Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, and the California Interscholastic Federation, the Justice Department said. In a clarification issued on May 28, the department said the Jurupa Unified School District is a “target of this investigation” and was sent a letter of notice about the Title IX probe.

Jurupa Unified School District did not immediately respond to the Desert Sun’s, part of the USA TODAY Network, request for comment. The California Department of Education cannot comment on a pending investigation, said public information officer Scott Roark.

“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,” the state attorney general’s press office said in a statement to the Desert Sun. “We will continue to closely monitor the Trump Administration’s actions in this space.”

According to the Justice Department, the investigation will also determine whether California and 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.”

Earlier this year, the Department of Education’s Office for Civil Rights announced it would investigate the California Interscholastic Federation about transgender student athletes participating in women’s and girls’ sports.

What did Trump say about transgender student athletes in California?

Trump said in a May 27 post on Truth Social that he planned to speak with California Gov. Gavin Newsom, whom he accused of “continuing to ILLEGALLY allow ‘MEN TO PLAY IN WOMEN’S SPORTS.'”

The post referred to the California Interscholastic Federation Southern Section Masters Meet, where a transgender athlete won the girls’ triple jump and long jump competitions, advancing to the state finals set for May 30 and 31.

Trump added that “large scale Federal Funding will be held back, maybe permanently” if an executive order he signed Feb. 5 seeking to bar transgender student athletes from playing women’s sports is not followed. He did not specify which funding streams he would target.

“In the meantime, I am ordering local authorities, if necessary, not to allow the transitioned person to compete in the State Finals,” Trump said in the post. “This is a totally ridiculous situation!!!”

USA TODAY reported in February that the executive order directs the Department of Education to pursue “enforcement actions” under Title IX. But some legal experts question whether the Trump administration’s interpretation of the law would hold sway in court.

The Justice Department said in a news release that it has filed a statement of interest in support of a lawsuit challenging AB 1266, which was passed in 2013.

“The letters of legal notice were sent at the time the Justice Department filed a statement of interest in federal court in support of a lawsuit filed by and on behalf of girls’ athletes to advance the appropriate interpretation of Title IX to ensure equal educational opportunities and prevent discrimination based on sex in federally funded schools and athletic programs,” the news release states.

California Interscholastic Federation announced changes to upcoming state championships

The California Interscholastic Federation announced on May 27 that it’s implementing a pilot entry process for the upcoming 2025 CIF State Track and Field Championships held in Clovis, a city in Fresno County.

“Under this pilot entry process, any biological female student-athlete who would have earned the next qualifying mark for one of their Section’s automatic qualifying entries in the CIF State meet, and did not achieve the CIF State at-large mark in the finals at their Section meet, was extended an opportunity to participate in the 2025 CIF State Track and Field Championships,” according to the announcement shared on social media.

While the California Interscholastic Federation did not directly respond to a request for comment regarding the investigation from the Justice Department, the Desert Sun was provided with a follow-up statement about the pilot entry process.

According to the news release, “a biological female student athlete who would have earned the next qualifying mark will also be advanced to the finals” in the high jump, triple jump, and long jump qualifying events at the 2025 CIF State Track and Field Championships, if necessary.

“Additionally, if necessary, in the high jump, triple jump and long jump events at the 2025 CIF State Track and Field Championships, a biological female student-athlete who would have earned a specific placement on the podium will also be awarded the medal for that place and the results will be reflected in the recording of the event.

“The CIF values all of our student-athletes and we will continue to uphold our mission of providing students with the opportunity to belong, connect, and compete while complying with California law and Education Code,” the news release added.

Contributing: Joey Garrison, USA TODAY

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