Federal judge dismisses DOJ lawsuit challenging California policy allowing biological males in girls’ sports
U.S. District Judge Cynthia Valenzuela on Monday dismissed a lawsuit brought by the Department of Justice against California, ruling that the federal government failed to provide required notice before threatening to withhold $44 billion in education funding. The decision, made public on Tuesday, removes a legal obstacle to the state’s policy of allowing males who identify as female to compete on girls’ sports teams.
The Justice Department, under President Trump, filed the suit in an effort to enforce Title IX, the 1972 law that guarantees equal athletic opportunities for female athletes, arguing that the state’s inclusion of males in girls’ competitions undermines that guarantee.
In her ruling, Judge Valenzuela sidestepped the broader debate over biological fairness, instead basing her decision on administrative funding rules. She found that the government did not give California explicit prior notice before threatening to pull the funding, a procedural requirement.
A department spokesperson expressed disappointment, stating, “We are disappointed by the Court’s order and remain committed to enforcing President Trump’s agenda of preventing boys from playing in girls’ sports.” The spokesperson added that the department is reviewing an appeal.
The dismissal comes shortly after the Supreme Court upheld states’ authority to ban transgender athletes from competing in girls’ and women’s sports, but the justices did not mandate such restrictions, leaving California’s policy intact while the appeal is considered.
California’s current rules, adopted in 2013 under Governor Gavin Newsom and the California Interscholastic Federation, permit males who identify as female to participate in girls’ athletics.
The issue has gained recent attention through AB Hernandez, a transgender athlete from Jurupa Valley High School who competed in girls’ track and field and volleyball. At the CIF State Track & Field Championships in 2025 and 2026, Hernandez captured four state titles, including back-to-back victories in the high jump and triple jump, and placed third in the long jump in 2026.
The competitive disparity prompted the CIF to create duplicate medals for female athletes who were pushed down the podium. When Hernandez joined the girls’ varsity volleyball team, several rival schools chose to forfeit their matches rather than face her team, citing concerns over physical safety and fairness.
Supporters of the state’s policy note that fewer than ten transgender athletes participate among millions of students in California, arguing the issue is statistically small. Critics, however, contend that the impact cannot be measured by numbers alone, pointing out that a single male athlete can alter state championship outcomes, take a varsity spot from a female, and influence college recruiting and name, image, and likeness opportunities.
As the Justice Department considers an appeal, the legal battle over the scope of Title IX and the rights of transgender athletes is expected to continue, with a single federal judge’s ruling unlikely to be the final word.
