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The DOJ will consider whether California law is inconsistent with Title IX. Title IX is a federal law that prohibits sexism or education programs in schools or education programs that receive funding from the US government. Junior AB Hernandez will become the only openly trans athlete to compete in the CIF state athletics field on Friday and Saturday at Buchanan High School in Fresno County. Meet at both events.
On Wednesday, the U.S. Department of Justice released an investigation Wednesday to see whether California law allowing transgender athletes to compete in girls’ high school sports violates the Landmark Title IX federal civil rights law.
DOJ said it sent a letter of legal notice to California Attorney General Rob Bonta, the state supervisor of the state’s high school sports governing body, Tony Thurmond, and California Interstate Governance Federation (CIF), the state’s high school sports governing body. This study will determine whether California School Success and Opportunity Act, or whether AB 1266, is in conflict with Title IX, a federal law that prohibits sex discrimination in schools or educational programs that receive funding from the US government.
The Justice Department’s announcement comes a day after President Trump threatened to withhold federal funds to California for the participation of Jurupa Valley High School trans athletes in this week’s state athletics championships. Athletics athlete AB Hernandez will become the only openly transgender competitor at the CIF State track and field competition at Buchanan High School in the Fresno County community in Clovis, where qualifying events begin on Friday before the final Saturday.
Although the news release from DOJ did not mention Hernandez, her participation in the girls’ high school athletics competitions has been responsive throughout the season, particularly from the Chino Valley Unified School District Board President and state legislators.
The CIF bylaws say that all students should have an opportunity to participate in CIF activities in a way that matches their gender identity. California law prohibits discrimination, including schools based on gender identity.
California Gov. Gavin Newsom has stepped out of progress by using the first episode of his new podcast to make a statement by allowing trans women and girls to compete in women’s sports. Jonathan Gonzalez reports on NBC4 News at 6pm on March 6, 2025.
The DOJ said the federal civil rights investigation would investigate whether the state, educational institutions and athletic groups and school districts are “engaged in patterns or practices of discrimination based on gender.”
“The law is clear. Discrimination based on gender is illegal and immoral,” said US lawyer Bill Essay. “My office and the rest of the Justice Department will make tireless efforts to protect girls’ sports and to stop people (including civil servants) who violate women’s civil rights.”
In related matters, the DOJ filed a statement of interest in supporting the lawsuit in which the group filed Save Girls’Sports on AB 1266. The plaintiff claims that “it will harm female athletes by eliminating the opportunity to become champions in their sport, taking out podium positions and awards ceremonies, and taking attractive environments in the bathroom and local rooms.
After Trump’s fundraising threat on Tuesday, the CIF announced its decision saying it had reached the end of the weekend section to implement the pilot entry process for the CIF state athletics championship. Under the pilot entry process, biological female athletes who won one next qualifying mark for the section’s automatic qualifying entries at the state tournament and did not meet the large mark for the section tournament were offered the opportunity to compete in this week’s championship.
President Donald Trump threatened to withhold federal funds from California after transgender athletes joined women’s sports. Conan Nolan is reporting NBC4 News on Tuesday, May 27th, 2025 at 5pm.
This change essentially opens up the state track and field finals to more girls.
“CIF values all student-athletes and continues to support its mission to provide students with opportunities to belong, connect and compete while complying with California law and education codes,” the CIF said in a statement. “With this in mind, CIF will implement the pilot entry process for the 2025 CIF State Athletics Championships.”
The top six athletes in each event will automatically qualify for the CIF State Championship. It was not immediately clear whether the rule changes would apply to all events or to events that transathletes qualify for the Finals.
Hernandez first finished in a triple jump and long jump over the weekend at Moore Park High School, and competed in the CIF State Athletics Championships in both events. She was tied to fourth place in the high jump at the Masters tournament and was not eligible for the CIF State tournament in that event.
Hernandez’s mother declined to request comment Tuesday.
In an interview with Fox News, Katy McGuinness, who lost to Hernandez in the long jump in the section final, urged the CIF to change their policy.
“I have nothing as a person for this athlete, nothing for the trans community,” McGuinness said. “My message today is actually for the 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 ranked second in the state, with a 20-foot, 1 1/2-inch jump set with the mark at the March tournament. McGuinness from LA Canada High School is number one in the 20-foot, 4-inch jump.
Hernandez spoke at the publication Capital & Main earlier this month, responding 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 behaving like a child shows how you’re like a person.”
Hernandez has been a member of the team for three years and as a sophomore, he finished third in the triple jump at the CIF State Athletics Games. Hernandez was part of the Julpa Valley High School volleyball team in the fall, reaching the quarterfinals of the CIF Southern Section Division 8 Girls Volleyball Playoffs.
Data from the Centers for Disease Control and Prevention identifies approximately 3.3% of high school students as transgender.
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