The Department of Justice has launched a formal investigation into California’s transgender athlete policies, determining whether allowing biological males to compete in female sports constitutes sex-based discrimination under Title IX.
Key Takeaways
- The DOJ is investigating whether California’s AB 1266 law, which allows transgender athletes to compete based on gender identity rather than biological sex, violates Title IX protections for female athletes.
- Legal notices were sent to California Attorney General Rob Bonta, State Superintendent Tony Thurmond, and the California Interscholastic Federation as part of the investigation announced on May 28.
- Female athletes have filed a lawsuit claiming they were negatively impacted when biological males were allowed to compete on their teams, with one student being removed from varsity to accommodate a male athlete.
- President Trump threatened to withhold federal funding from California over transgender athlete participation in state championships.
DOJ Launches Title IX Investigation into California’s Transgender Sports Policies
The U.S. Department of Justice has initiated a formal investigation into California’s AB 1266 law, examining whether the state’s policy allowing transgender females to participate in girls’ sports violates federal Title IX protections. The investigation, announced on May 28, targets California Attorney General Rob Bonta, State Superintendent Tony Thurmond, and the California Interscholastic Federation (CIF). DOJ officials are specifically looking for evidence of “a pattern or practice of discrimination based on sex” that may result from the state’s 2014 law permitting students to participate in sex-segregated activities according to their gender identity rather than their biological sex.
The investigation comes amid growing national debate over transgender participation in women’s sports, with concerns about competitive fairness and safety. Legal notices sent to California officials indicate the DOJ is examining whether the state’s policies create environments that disadvantage female athletes and potentially violate federal civil rights protections. The inquiry represents a significant escalation in federal oversight of state policies regarding transgender athletes in educational settings, particularly as states across the country implement varying approaches to addressing transgender participation in sports.
The Department of Justice announced it is opening an investigation to determine if a state law allowing transgender athletes to compete on female sports teams at California schools violates the federal Title IX civil rights law https://t.co/iPvcYbxjfz
— KESQ News Channel 3 (@KESQ) May 28, 2025
Female Athletes File Lawsuit Claiming Discrimination
The DOJ’s investigation follows a lawsuit filed by female athletes from Martin Luther King High School who claim their athletic opportunities have been negatively impacted by the inclusion of biological males on their teams. The lawsuit, Save Girls’ Sports, et al. v. Thurmond, et al., details how one plaintiff, identified as T.S., was removed from the varsity team to accommodate a male athlete, directly affecting her opportunities for competition and recognition. The legal action seeks declaratory and injunctive relief regarding participation rules in girls’ sports and speech policies after the plaintiffs were allegedly prohibited from wearing protest t-shirts.
“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.
In support of the lawsuit, the DOJ has filed a statement of interest to ensure Title IX is interpreted to prevent sex-based discrimination. Assistant U.S. Attorney Richard Park is handling the case, which argues that California’s policies have created unfair and potentially unsafe environments for female athletes. The DOJ’s Civil Rights Division has encouraged the public to report additional civil rights violations related to the issue, signaling broader enforcement actions may follow depending on the investigation’s findings.
Political and Public Response to Transgender Athlete Controversy
The DOJ’s announcement coincides with President Trump’s threat to withhold federal funding from California over transgender participation in athletics. The controversy gained national attention following transgender athlete AB Hernandez’s participation in the CIF State Track and Field championships. Hernandez, the only openly transgender competitor at the state meet, qualified for multiple events, prompting debate about competitive fairness. In response to growing concerns, the CIF adjusted competition rules to allow more girls to participate in state championships.
“The law is clear: Discrimination on the basis of sex is illegal and immoral,” said United States Attorney Bill Essayli.
California Governor Gavin Newsom has publicly opposed allowing transgender women and girls to compete in female sports, creating tension with the state’s own anti-discrimination laws. CIF bylaws currently support participation consistent with gender identity, with the organization stating: “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.” This stance has positioned California at the center of a broader national debate about balancing inclusivity with competitive fairness in athletics.
