Trump Administration Says California’s Trans Sports Policies Discriminate Against Girls

U.S.|Trump Administration Says California’s Trans Sports Policies Discriminate Against Girls

The Trump administration declared on Wednesday that the California Department of Education had violated federal law by allowing transgender girls to compete on female sports teams. It gave the state 10 days to reverse its policies or face “imminent enforcement action.”

The administration has argued that when schools recognize transgender identities, they violate girls’ rights under Title IX, which prohibits sex discrimination.

In a statement, the Education Department cited the Supreme Court’s recent ruling that upheld Tennessee’s ban on puberty blockers, hormone therapy and gender-transition surgery for transgender youth.

It also cited recent statements by Gov. Gavin Newsom of California that questioned the fairness of transgender girls and women participating in female athletics.

Linda McMahon, the U.S. secretary of education, said that despite Mr. Newsom’s views, California had “continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”

The Trump administration previously made a similar Title IX determination against Maine, and moved to cut off the state’s federal funding for schools, which is intended to support low-income students.

The administration has also tried to cut off federal funds from schools that have diversity and equity initiatives centered on race.

But several federal judges have paused those efforts. The administration’s readings of civil rights laws are novel, and have not yet been fully tested by the courts.

Over 20 states allow transgender student athletes to compete on teams that align with their gender identities. California’s law protecting transgender athletes went into effect in 2014, under Mr. Newsom’s predecessor, Jerry Brown.

In a written statement, Izzy Gardon, a spokesman for Mr. Newsom, said: “It wouldn’t be a day ending in ‘Y’ without the Trump administration threatening to defund California. Now Secretary McMahon is confusing government with her WrestleMania days — dramatic, fake, and completely divorced from reality. This won’t stick.”

In response to threats from the administration, the California Department of Education said earlier this month that it believed the Trump administration’s interpretation of Title IX did not comport with existing law, and indicated it would continue to allow transgender girls to compete in female sports.

“Inclusive school athletic programs have been shown to help all students, including transgender students, achieve physical and mental wellness, develop a strong work ethic, values, and sense of belonging, and improve access to academic resources and financial assistance,” wrote Len Garfinkel, general counsel for the state agency.

“Conversely, when students are excluded from school sports, they lose the opportunity to enjoy these significant benefits,” he said.

Defending Education, a conservative group that has fought diversity, equity and inclusion policies in school, celebrated the Trump administration’s action.

Erika Sanzi, the group’s director of outreach, said in a written statement, “So many of us have spent years watching in disbelief as leaders in California chose to systematically betray their female athletes, even after Governor Newsom acknowledged publicly how unfair the situation was.”