Federal Judge Tosses DOJ Lawsuit Over Trans Athletes in California Girl’s Sports

A federal judge dismissed the Trump Justice Department’s lawsuit against California’s policy that lets male students compete on female sports teams if they identify as female.

In 2013 the California Legislature passed AB 1266, the School Success and Opportunity Act, and Gov. Jerry Brown signed it into law, adding language to the state Education Code requiring public schools to let students participate in sex-segregated programs and activities—including athletic teams and competitions—and use facilities consistent with their gender identity, regardless of the sex listed on school records.

In its complaint, the DOJ argued that Title IX requires schools receiving federal funds to use biological sex to determine eligibility for girls’ sports, according to Valenzuela in an Aug. 31 ruling.

In 2025, President Donald Trump issued an executive order banning boys who identify as transgender women/girls from college women’s and high school girls’ sports teams. But Governor Gavin Newsom and the state’s Democrats haven’t budged from continuing to allow biological males to compete in girls sports – even with the threat of losing federal funding.

“Instead of standing for the rights of women, Biden caved to woke activists who wanted biological males to be treated as women in workplace showers, competitive sports, prisons, and rape shelters,” President Trump’s executive order says. “All executive departments and agencies (agencies) shall review grants to educational programs and, where appropriate, rescind funding to programs that fail to comply with the policy established in this order.”

EQUAL OPPORTUNITY FOR WOMEN AND GIRLS is the title of President Trump’s order.

Details from the judge’s order:

“The Complaint alleges that California’s policies deny girls equal athletic opportunities by allowing students to compete on teams consistent with their gender identity when that identity does not align with their biological sex,” the order says.

“The Complaint also describes a pilot process CIF adopted for the May 2025 State Track and Field Championships. Under that process, an additional “biological female student-athlete” could advance to the finals or receive a medal when another athlete’s placement otherwise prevented her from qualifying or earning that placement.”

“Plaintiff alleges that CIF adopted the process in response to the participation of a student Plaintiff identifies as male. Id. Plaintiff further contends that, by adopting the process, CIF recognized the policy’s effects on girls’ competitive opportunities but did not adequately remedy them.”

“Plaintiff further alleges that California’s policies affect girls outside athletic competition. According to the Complaint, allowing students to use facilities consistent with their gender identity requires girls to share locker rooms and other intimate spaces with students Plaintiff classifies as male.”

U.S. District Judge Cynthia Valenzuela, a Biden appointee, dismissed the Justice Department’s case against the California Department of Education and the California Interscholastic Federation, on Monday, August 31, 2026.

The Trump administration argued that Title IX requires schools receiving federal funds to determine eligibility for girls’ teams and facilities by biological sex, and that California’s policy therefore discriminates against female athletes.

The Trump administration filed the suit in July 2025 against the California Department of Education and the California Interscholastic Federation. It argued that Title IX requires schools receiving federal funds to determine eligibility for girls’ teams and facilities by biological sex, and that California’s policy therefore discriminates against female athletes.

In the summer of 2023, a coalition of women and parents’ rights groups launched a campaign to counter California Interscholastic Federation (CIF) policies allowing boys to compete on girls’ sports teams in the more than 1,600 high schools across the state.

The Coalition of Women and CIF High School Female Athletes seeking protection of girls’ rights to fair and safe sports appeared before the CIF Executive Committee meeting numerous times in recent years on this topic.

Justice Department officials are reviewing an appeal. “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,” a Justice Department spokesperson stated following the decision.

The ruling also comes shortly after the Supreme Court upheld states’ authority to ban trans athletes from competing in girls’ and women’s sports, Fox reported. But the justices did not require states to adopt such restrictions, leaving California’s policy in place while the DOJ considers an appeal.

“The case sits inside a larger national split: more than two dozen states restrict transgender girls from girls’ teams, while others, including California, do not.”