A federal judge recently dismissed a lawsuit brought by the U.S. Department of Justice (DOJ) that challenged California's regulations allowing transgender athletes to compete on girls' school sports teams. Advocates for female athletes, however, have vowed to persist in their efforts following the decision.
A spokesperson for the Justice Department expressed disappointment with the court's order, reiterating the department's dedication to upholding policies aimed at preventing biological males from participating in girls' sports, aligning with the previous administration's directives. The department is currently considering its options for an appeal.
The spokesperson emphasized that California should not interpret the procedural dismissal as a substantive victory. She clarified that the judge's ruling did not address whether the inclusion of biological males in girls' sports is equitable, lawful, or compliant with Title IX, stating that the case was decided on a technical issue without ever adjudicating the fundamental question at the core of the dispute.
Procedural Ruling Avoids Core Debate
U.S. District Judge Cynthia Valenzuela's decision sidestepped the underlying debate regarding biological fairness. Instead, her ruling centered on administrative funding regulations, concluding that the federal government had failed to provide California with explicit prior notification before threatening to withhold $44 billion in education funding.
The Justice Department initiated legal action against the California Department of Education (CADOE) and the California Interscholastic Federation (CIF) in July 2025, asserting that their policies regarding transgender athletes discriminated against female competitors.
The aforementioned spokesperson affirmed her hope for an appeal, but stressed that regardless of the legal path, the advocacy efforts are far from over. She noted that California lawmakers possess the immediate authority to safeguard female athletes. According to the spokesperson, a courtroom technicality does not negate biological sex nor does it legitimize discrimination against girls. She stated, "We will not stop until CA girls are protected…California girls are still paying the price, losing medals, opportunities, roster spots, and privacy while state leaders prioritize gender identity over biological reality."
Advocates Criticize Dismissal, Pledge Continued Fight
Sonja Shaw, a candidate for California superintendent of public instruction who has been active in filing federal civil rights complaints concerning transgender athlete policies, also sharply criticized the dismissal of the case.
"Parents in California are no strangers to this fight, or to these underhanded tactics. We stood up to Gavin Newsom and the CIF when they decided girls’ sports and girls’ locker rooms were political fodder," Shaw stated. "A Biden-appointed judge just tossed out a case that should have protected female athletes, and she did it after the Supreme Court already ruled that states can keep women’s teams as a safe space for biological females. That is a political choice dressed up as law, and it is the girls who get robbed."
Shaw further asserted her unwavering commitment to the cause, declaring, "This fight is not going away, and neither am I. I am not backing down because an activist judge in a kangaroo court dismissed a case. This is a hill we are willing to die on. We will keep fighting for fairness, safety, privacy and the future of female athletes. California parents have been told 'no' before, and we refused to quit then. We’re not quitting now. We will keep standing, we will keep fighting, and we will keep protecting our girls."
When contacted for comment, CIF Director of Media Rebecca Brutlag stated that the organization does not comment on legal matters. Similarly, a spokesperson for the California Department of Education indicated that the department cannot comment on pending litigation.
The legal dispute gained prominence following transgender Jurupa Valley High School athlete AB Hernandez's victories in girls' events at California’s state track championships. These wins prompted federal scrutiny and subsequently led to changes by the CIF, which were intended to preserve qualifying and podium positions specifically for biological female athletes.
