Wisconsin Right Now

The U.S. Department of Justice’s Civil Rights Division announced it is investigating California for violating Title IX by allowing males to participate in female student sports.

“Title IX exists to protect women and girls in education,” said Harmeet K. Dhillon, assistant attorney general for Civil Rights. “It is perverse to allow males to compete against girls, invade their private spaces, and take their trophies.”

In February, President Donald Trump signed an executive order banning males from participating in female student sports, and he has threatened to block California's federal funding for continuing to defy his order. With California facing deficits in the tens of billions of dollars each year, it's unclear how the state would offset any losses or pauses in federal funding.

Notably, California Gov. Gavin Newsom hosted conservative pundit Charlie Kirk on his podcast and told Kirk that he thinks it’s “deeply unfair” that boys are participating in girls’ sports.

When asked later at a press conference what this means for state policy, Newsom demurred, painting the matter as a marginal, non-issue not worth his time.

“You're talking about a very small number of people, a very small number of athletes, and my responsibility is to address the pressing issues of our time,” said Newsom.

The California Interscholastic Federation, which governs student sports in California, has since responded to Trump’s threat by announcing a new pilot program to allow girls who otherwise would have qualified for sports finals had the finalist spots in girls’ sports not been taken by transgender-identifying boys to participate in said finals.

Title IX was signed into law by President Richard Nixon in 1972 to ensure that schools could not discriminate against female students. It requires they be provided with equal opportunities to engage in athletics, extracurriculars and education.

DOJ’s letter of interest says it is investigating whether California’s Assembly Bill 1266, which requires transgender-identifying students to be allowed to participate in sports consistent with their gender identities, violates Title IX.

“As a result of CIF’s policy, California’s top-ranked girls’ triple jumper, and second-ranked girls’ long-jumper, is a boy,” wrote the DOJ. “As recently as May 17, this male athlete was allowed to take winning titles that rightfully belong to female athletes in both events.”

“This male athlete will now be allowed to compete against those female athletes again for a state title in long, triple, and high jump,” continued the DOJ. “Other high school female athletes have alleged that they were likewise robbed of podium positions and spots on their teams after they were forced to compete against males.”

Should the DOJ find California is in violation of Title IX, it says it will “take appropriate action to eliminate that discrimination, including seeking injunctive relief.”