DOJ announces Title IX investigation into trans athletes in California girls sports

The U.S. Department of Justice on Wednesday announced an investigation into whether a California law that allows transgender athletes to compete in girls high school sports violates the landmark Title IX federal civil rights law.

The DOJ said it sent letters of legal notice to California Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond and the California Interscholastic Federation (CIF), the state's high school sports governing body. The investigation will determine whether California's School Success and Opportunity Act, or AB 1266, conflicts with Title IX, the federal law that bans sex discrimination in schools or educational programs that receive funding from the U.S. government.

The Justice Department's announcement comes a day after President Trump threatened to withhold federal funding for California over a Jurupa Valley High School trans athlete's participation in this week's state track and field championships. Track and field athlete AB Hernandez will be the only openly transgender competitor at the CIF State Track and Field meet at Buchanan High School in the Fresno County community of Clovis, where qualifying events begin Friday before finals on Saturday.

The news release from the DOJ did not mention Hernandez, but her participation in girls high school track and field meets has drawn reaction throughout the season, notably from the Chino Valley Unified School District board president and a state Assembly member.

CIF bylaws say all students "should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity." California law prohibits discrimination, including at schools, based on gender identity.

California Gov. Gavin Newsom, used the inaugural episode of his new podcast to break from progressives by speaking out against allowing transgender women and girls to compete in female sports. Jonathan Gonzalez reports for the NBC4 News at 6 p.m. on March 6, 2025.

The DOJ said its federal civil rights investigation will look into whether the state, its educational and athletic organizations, and the school district engaged "in a pattern or practice of discrimination on the basis of sex."

"The law is clear: Discrimination on the basis of sex is illegal and immoral," said United States Attorney Bill Essayli. "My office and the rest of the Department of Justice will work tirelessly to protect girls’ sports and stop anyone – public officials included – from violating women’s civil rights."

In a related matter, the DOJ has filed a statement of interest in support of a lawsuit filed by the group Save Girls' Sports over AB 1266. The plaintiffs allege the state law harms female students by "removing opportunities for female athletes to be champions in their own sports, robbing them of podium positions and awards, and creating unsafe and intimidating environments in their bathrooms and locker rooms."

After Trump's funding threat Tuesday, the CIF announced a decision the organization said was reached at the end of the weekend section qualifying meets to implement a pilot entry process for the CIF State Track and Field Championships. Under the pilot entry process, any biological female athlete who would have earned the next qualifying mark for one of their section's automatic qualifying entries in the state meet, and did not meet the at-large mark in the section meet finals, was offered the opportunity to compete in this week's championships.

President Donald Trump threatened to withhold federal funding from California over a transgender athlete's participation in women's sports. Conan Nolan reports for the NBC4 News at 5 p.m. on Tuesday, May 27, 2025.

The change essentially opens the state track and field finals to more girls.

"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 CIF said in a statement. "With this in mind, the CIF will be implementing a pilot entry process for the 2025 CIF State Track and Field Championships."

The top six athletes in each event automatically qualify for the CIF State Championships. It was not immediately clear whether the rules change applies to all events or only those in which a trans athlete qualified for the final.

Hernandez finished first in the triple jump and long jump at the Southern Section Masters Meet over the weekend at Moorpark High School and qualified for the CIF State Track and Field meet in both events. She tied for fourth in the high jump at the Masters Meet and did not qualify for the CIF State meet in that event.

Hernandez's mother declined a request for comment Tuesday.

Speaking in an interview on Fox News, Katie McGuinness, who lost to Hernandez in the long jump at the section finals, urged the CIF to change its policy.

"I have nothing against this athlete as a person and I have nothing against the trans community," McGuinness said. "My message today is really specifically to CIF and for them to act quickly and in a timely manner, because this is a really time-sensitive issue."

In the long jump, Hernandez ranks second in the state with a jump of 20 feet, 1 1/2 inches, a mark set at a meet in March. McGuinness, of La Canada High School, is No. 1 with a jump of 20 feet, 4 inches.

Hernandez spoke earlier this month with the publication Capital & Main and responded to verbal attacks from adults over the issue.

"There’s nothing I can do about people’s actions," Hernandez said. "I'm still a child, you're an adult, and for you to act like a child shows how you are as a person."

Hernandez has been a member of the team for three years, placing third in the triple jump in the CIF State Track and Field meet as a sophomore. Hernandez was also part of the Jurupa Valley High School girls volleyball team in the fall, which reached the quarterfinals of the CIF Southern Section Division 8 girls volleyball playoffs.

About 3.3% of high school students identify as transgender, according to data from the Centers for Disease Control and Prevention.