DOJ launches California Title IX investigation over transgender athlete participation in sports
With the national spotlight shining on a transgender athlete in Southern California pursuing a championship, federal prosecutors are putting pressure on the state and a local school district for allowing that chase to happen in the first place.
The U.S. Department of Justice announced on Wednesday that it has opened an investigation into whether a California state law complies with Title IX.
In August 2013, then-Gov. Jerry Brown signed AB 1266 into law. The policy is intended to prevent sex-based discrimination in California's schools, preventing them from excluding gender groups from classes and extracurricular programs.
One specific section of the bill, however, is now under fire from the current administration.
"A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records," AB 1266 states, requiring schools to adhere to each student's preferred gender identity rather than their sex assigned at birth.
Now, the DOJ is investigating whether this clause violates Title IX.
Title IX, in the words of the DOJ, ensures "equal educational opportunities and prevents discrimination based on sex in federally funded schools and athletic programs." Administration officials claim that allowing transgender girls to compete in girls' athletic competitions undermines the rights of cisgender athletes as an issue of fairness.
"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. "This Division will aggressively defend women's hard-fought rights to equal educational opportunities."
The announcement cites the ongoing legal battle surrounding two former athletes at Martin Luther King Jr. High School in Riverside. One of which alleges she lost a spot on the school's cross-country team to a transgender teammate, violating her Title IX rights as a female athlete.
The administration of President Donald Trump made its stance clear on that lawsuit Wednesday and threw its support behind it, sending legal notices of its investigation to California Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, and the California Interscholastic Federation.
The DOJ also sent a notice to the Jurupa Unified School District as an openly transgender track and field athlete pursues a state title for one of its schools.
AB Hernandez of Jurupa Valley competes in the girls high jump during the CIF Southern Section Division 3 Track and Field preliminaries at Nathan Shapell Memorial Stadium at Yorba Linda High School on May 10, 2025 in Yorba Linda, California.
Getty Images
AB Hernandez, a junior at Jurupa Valley High School, placed first at the CIF Southern Section Masters Meet in both the girls' long and triple jump events. The wins ensure Hernandez a spot at the CIF State Track & Field Championships in Clovis on Saturday and Sunday.
In response, the CIF announced Tuesday that it was introducing a pilot program for the 2025 state meet that will create extra spots for cisgender athletes "who would have earned the next qualifying mark" to have an opportunity to compete. Gov. Gavin Newsom, who himself has said it's "deeply unfair" to allow transgender girls to compete, called the program reasonable on Tuesday.
On Wednesday, the CIF announced it would reward cisgender triple and long jump athletes "who would have earned a specific placement on the podium" had Hernandez not competed. In other words, if Hernandez places first at the state meet, the results will still credit a cisgender athlete as a state champion.
The JUSD said in a statement to CBS News this week that it allowed Hernandez to compete for JVHS as required by state law.
Hernandez has been subject to national scrutiny, including from the president himself. Trump took to his Truth Social platform this week to criticize California leadership, including Newsom, for allowing Hernandez to compete on the girls' team.
"This week a transitioned Male athlete, at a major event, won 'everything,' and is now qualified to compete in the 'State Finals' next weekend," Trump wrote. "As a Male, he was a less than average competitor. As a Female, this transitioned person is practically unbeatable. THIS IS NOT FAIR, AND TOTALLY DEMEANING TO WOMEN AND GIRLS."
Trump also said he was considering to withhold federal funding from the state if Hernandez was allowed to compete at the state finals.
While speaking with CBS News, a spokesperson for Hernandez called Trump's lashing out "bullying and discriminatory."
"This person was voted into an office to work for all the people, and you're gonna spend your time picking on a child," said Kathie Moehlig, the founder and executive director of Trans Family Support Services
As of Wednesday, it's not yet clear if attempts to remove Hernandez from the weekend's state meet will be successful.
The CIF told KCAL News that it does not keep track of the number of transgender athletes competing in California high school sports.
Austin Turner
Austin Turner is a web producer at CBS Los Angeles. An Inland Empire native, Austin earned a degree in journalism from San Jose State University in 2020. Before joining CBS in 2025, he worked at KTLA, the San Jose Mercury News, the Sedona Red Rock News and various freelance outlets as a sports reporter.
contributed to this report.
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