Justice Department to investigate if California is violating Title IX over transgender athletes
(This story has been updated to add new information.)
The Department of Justice said it will investigate whether a California law is violating Title IX, just a day after President Donald Trump warned he'd cut federal funding to the state for allowing transgender women and girls to compete in women's sports.
The Department of Justice said it sent 'letters of legal notice,' including to state officials, that it is opening an investigation to determine whether Title IX is being violated by California's AB 1266, which 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 prohibiting sex-based discrimination in educational programs and activities that receive federal financial assistance, said the Department of Education.
The letters were sent to California Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, and the California Interscholastic Federation, according to a news release on Wednesday, May 28. Additionally, the Jurupa Unified School District is a "target of this investigation" and was sent a letter of notice from the Department of Justice about the Title IX probe, according to a clarification issued to media later Wednesday.
Jurupa Unified School District did not immediately respond to a request for comment.
The California Department of Education cannot comment on a pending investigation, said Scott Roark, a public information officer.
"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 an emailed statement to the Desert Sun. "We will continue to closely monitor the Trump Administration's actions in this space."
According to the news release sent by the Justice Department, the investigation is also to 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 female student athletes participating in women's and girls' sports.
The announcement comes after the president said in a post on Truth Social on May 27 that California 'continues to allow 'Men to play in women's sports illegally.'' The post referred to a transgender female student athlete in California, although it did not name the student.
That student is reportedly a Jurupa Valley High School athlete.
Trump's post said 'large-scale federal funding will be held back, maybe permanently' if an executive order, presumed to be one he signed in February, called Keeping Men Out of Women's Sports, is not followed.
'In the meantime, I am ordering local authorities, if necessary, not to allow the transitioned person to compete in the State Finals,' the post read. 'This is a totally ridiculous situation!!!'
Related: Trump blasts transgender Riverside County girl being allowed in CIF state track finals
USA TODAY reported in February that the executive order directs the Department of Education to pursue "enforcement actions" under Title IX, yet some legal experts question whether the Trump administration's interpretation of the law would hold sway in court.
The Department of Justice said in its press release that it has filed a statement of interest in support of a lawsuit that challenges 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 press release said.
The California Interscholastic Federation announced on Tuesday, May 27, that it was implementing a pilot entry process for the upcoming 2025 CIF State Track and Field Championships held in Clovis.
'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 the Desert Sun's emailed request for comment regarding the investigation from the Department of Justice, the Desert Sun was provided with a follow-up statement pertaining to its 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 said.
In California, it's estimated that only 1.93% of children ages 13 to 17 identify as transgender, according to a 2022 report from the Williams Institute, which describes itself as conducting independent research on sexual orientation and gender identity law and public policy based at the UCLA School of Law.
Additionally, in California, it's estimated that less than 1% of adults 18 years old and older identify as transgender.
The Hill reported that NCAA President Charlie Baker said last year he was aware of 'less than 10' transgender athletes out of the thousands of athletes in the U.S. in NCAA schools.
Paris Barraza is a trending reporter covering California news at The Desert Sun. Reach her at pbarraza@gannett.com.
This article originally appeared on Palm Springs Desert Sun: DOJ to investigate California over transgender student athletes
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