Department of Education Says California Violated Title IX, Threatens Legal Action

The Department of Education’s Office for Civil Rights ruled Wednesday that California violated Title IX by allowing men to compete in women’s sports and use women’s locker rooms.

Secretary of Education Linda McMahon announced the results of the office’s investigation on Wednesday.

“Although Governor Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”

“The Trump administration will relentlessly enforce Title IX protections for women and girls, and our findings today make clear that California has failed to adhere to its obligations under federal law,” McMahon said. “The state must swiftly come into compliance with Title IX or face the consequences that follow,” she added.

Title IX “prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.”

President Donald Trump signed an executive order in January to formally recognize only two genders, based on a “fundamental and incontrovertible” reality. Under this framework, male participation in women’s sports counts as sex discrimination under Title IX. 

The following month, Trump signed another executive order to remove funding from states that violate Title IX. 

The California Interscholastic Federation responded in February by declaring it would continue to allow trans athletes to compete alongside women in accordance with state law.

 “The CIF provides students with the opportunity to belong, connect, and compete in education-based experiences…consistent with the student’s gender identity, irrespective of the gender listed on the student’s records.”

California has 10 days to comply with Title IX and Trump’s executive order, or it will face “imminent enforcement action, including referral to the U.S. Department of Justice (DOJ) for proceedings,” and removal of federal education funds, the Education Department says.

The Office fo Civil Rights has also instructed California to “restore to female athletes all individual records, titles, and awards misappropriated by male athletes competing in female competitions,” and sent a personalized letter of apology to each female athlete affected, “for allowing her educational experience to be marred by sex discrimination.”

The state must also propose a monitoring plan to ensure that it continues to abide by Title IX.

California receives a tremendous amount of federal funding. In 2022, the state received over $161 billion. Residents say they won’t look kindly on Newsom if he puts these funds at risk.

“Without these federal funds, California’s budget crisis would dramatically worsen, and California’s most vulnerable students would stand to lose crucial programs and support,” writes the California Policy Center. 

“Newsom and the California Department of Education should reassess their priorities and consider what California families want most: a quality education for the next generation.”