Last week, the Department of Justice sued California, alleging that it violates Title IX by permitting transgender girls to compete in girls' interscholastic athletics. The complaint (full text) in United States v. California Interscholastic Federation, (CD CA, filed 7/9/2025), alleges in part:
1. Across the State of California, girls must compete against boys in various sports pursuant to policies enforced by the California Department of Education (“CDE”) and the California Interscholastic Federation (“CIF”). These discriminatory policies and practices ignore undeniable biological differences between boys and girls, in favor of an amorphous “gender identity.” 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. In the words of the Governor of California, it is “deeply unfair” for girls to compete against boys.
2. This discrimination is not only illegal and unfair but also demeaning, signaling to girls that their opportunities and achievements are secondary to accommodating boys. It erodes the integrity of girls’ sports, diminishes their competitive experience, and undermines the very purpose of Title IX: to provide equal access to educational benefits, including interscholastic athletics. Despite warnings from the United States Department of Education, Defendants continue to require California schools to allow boys to compete against girls. The United States accordingly files this action to stop Defendants’ illegal sex discrimination against female student athletes....
26. Title IX and the Implementing Regulations use the term “sex” to mean biological sex; the term “sex” thus does not mean “gender identity.”...
47. The California Sex Equity in Education Act, Cal. Educ. Code § 221.5(f), referenced in the CDE’s “Gender Equity/Title IX” guidance, states in part: “A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.” Cal. Educ. Code § 221.5....
The Justice Department issued a press release announcing the filing of the lawsuit.
