DOJ sues California over transgender athletes policies


DOJ sues California over transgender athletes policies

The Justice Department on Wednesday sued California over the state’s transgender athlete policies that allow transgender athletes to compete in girls and women’s sports, arguing they conflict with federal law.

The federal lawsuit alleges California’s transgender athlete policies are violating Title IX, which prevents sex-based discrimination in educational settings. The complaint is a direct result of the Title IX investigation launched by the Department of Education’s Office for Civil Rights.

The policies “are not only illegal and unfair but also demeaning, signaling to girls that their opportunities and achievements are secondary to accommodating boys,” the suit states.

“These discriminatory policies and practices ignore undeniable biological differences between boys and girls, in favor of an amorphous ‘gender identity,’” the court filing adds. “The results of these illegal policies are stark: girls are displaced from podiums, denied awards, and miss out on critical visibility for college scholarships and recognition.”

The newly filed litigation comes after the Justice Department gave California 10 days to agree to change its transgender athlete policies to comply with Title IX. The deadline passed this week without California complying.

California’s law that allows students to participate in sex-segregated school programs, including sports, regardless of their gender identity, has been in place since 2013.

Gov. Gavin Newsom (D-CA) has stood by the state law, despite acknowledging the debate surrounding transgender athletes’ participation in school sports brings up an “issue of fairness.”

Attorney General Pam Bondi blasted Newsom for defending the state’s transgender policies.

“The Governor of California has previously admitted that it is ‘deeply unfair’ to force women and girls to compete with men and boys in competitive sports,” Bondi said in a statement announcing Wednesday’s lawsuit. “But not only is it ‘deeply unfair,’ it is also illegal under federal law. This Department of Justice will continue its fight to protect equal opportunities for women and girls in sports.”

The complaint requested a permanent injunction ordering California to bar its transgender athlete policies, implement a system to ensure Title IX compliance, compensate female athletes “who have been denied equal athletic opportunities” by “correcting past athletics records,” and hand in “regular compliance reports” over the next five years.

“California refuses to honor federal law that protects the rights of young women, and we can’t stand for that here at the Department of Justice. It would be irresponsible to do so,” said Assistant Attorney General for Civil Rights Harmeet Dhillon.

The suit lists the California Department of Education and the California Interscholastic Federation as defendants.

The plaintiff demands a trial by jury.

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Last month, California sued the Justice Department to keep male athletes competing in girls and women’s sports across the state’s public school districts.

California’s transgender athlete policies are also directly challenging President Donald Trump’s executive order that bars biological males from competing with female athletes. The order has since led to legal battles between the Trump administration and Maine and now the administration and California.


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