California could be sued over participation of trans athletes, DOJ says

New York Times

2 days ago

The U.S. Department of Justice has said it could take legal action against the California public school system if the state continues to allow transgender athletes to compete in girls athletic events.
Harmeet K. Dhillon, assistant attorney general in the DOJ's Civil Rights Division, said in a letter Monday that a bylaw from the California Interscholastic Federation (CIF) permitting trans athletes to compete irrespective of the gender listed on the student's records violates the 14th Amendment. Dhillon said the bylaw knowingly deprives female students of athletic opportunities.
Advertisement
Dhillon said the public school district must certify in writing by June 9 that the CIF will not implement the bylaw in order 'to ensure compliance and avoid legal liability.'
On Saturday, AB Hernandez, a trans girl competing for Jurupa Valley High School, won state titles in the high jump and triple jump, and finished second in the long jump.
Hernandez's performances came after a week of changes made by the CIF in response to a threat from President Donald Trump to withhold federal funding from California if trans girls were allowed to compete in high school sports. On Wednesday, the CIF released a plan stating: 'A biological female student-athlete who would have earned a specific placement on the podium will also be awarded the medal for that place' if beaten out by Hernandez.
At the state meet's medal ceremonies over the weekend, Hernandez was joined in the first-place spot on the triple jump podium by Kira Gant Hatcher, who had the second-longest jump. In the long jump, where Hernandez finished second, she was joined in the runner-up spot by Brooke White, who had the third-longest jump. She embraced Hernandez on the podium.
White called sharing the podium with Hernandez 'an honor' and told CBS News after the meet, 'It made me really emotional seeing how people could be so hateful to a 16-year-old girl.'
Hernandez was the high jump winner after clearing 5 feet, 7 inches, with no misses, but she was joined in the crowded first-place spot by Lelani Laruelle and Jillene Wetteland. Both were promoted from second place after each cleared the same height with one miss.
With 27 team points, Jurupa Valley finished in fourth place in the team standings out of 91 schools. All 27 points were scored by Hernandez — 10 points for winning triple jump, nine points for tying first place in the high jump and eight points for second place in the long jump.
Advertisement
Neither CIF spokesperson Rebecca Brutlag nor Jurupa Unified School District spokesperson Jacqueline Paul responded to requests for comment on Tuesday. The California Department of Education also did not respond to a request for comment, but spokesperson Elizabeth Sanders previously said further guidance would be sent to public schools on Tuesday, according to The New York Times.
The Justice Department has previously sued Maine's education department over the state's refusal to bar transgender athletes from competing in high school sports. Along with California, Minnesota has been threatened by Attorney General Pam Bondi to have federal funds withheld for the same reason.
In early May, the Trump administration halted its efforts to freeze funds to Maine as part of a settlement.
The weekend's state meet was marked by protests outside, inside and above Veterans Memorial Stadium in Clovis, Calif. Activists stood outside the meet holding signs that read 'Save Girls Sports' while a spectator in the stadium heckled during the high jump award ceremony. In the sky, a small airplane carrying a 'No boys in girls sports' banner flew overhead during the meet.
Hernandez's mother, Nereyda, did not respond to a request for comment Tuesday. She previously stated to The New York Times, through the group TransFamily Support Services, that her child has been attacked 'for simply being who they are.'