DOJ investigating whether CA violated federal law by allowing transgender athletes in girl's sports

LOS ANGELES (KABC) -- The federal government is now entering the fight over transgender athletes participating in girls' sports, with the U.S. Department of Justice investigating whether California is violating federal law by allowing it to happen.

U.S. Attorney Bill Essayli said he believes the state is violating Title IX, which prohibits sex-based discrimination in educational programs that receive federal funding.

"Here in California, we have high schools and colleges and other institutions who are federally funded, who are discriminating against girls; allowing biological males to compete in their teams," said Essayli.

The controversy exploded earlier this week, when President Trump blasted California lawmakers in a post on Truth Social, saying the state "continues to ILLEGALLY allow 'MEN TO PLAY IN WOMEN'S SPORTS.'"

The President was referring to a transgender student from Jurupa Valley High School, AB Hernández, who took first place in CIF Section Finals last weekend in a girls track and field contest. Hernández will be competing in the CIF Finals this weekend in Clovis.

Essayli said biological female athletes' rights are being violated by including transgender athletes in girls' sports.

"They're denying girls those opportunities, and that's exactly what Title IX was designed to prohibit; to prohibit discrimination based on gender in athletics, and that's what's happening today."

Essayli said the Department of Justice is also submitting a statement of interest in a different case pending in federal court, in which a lawsuit was filed by two students at King High School in Riverside.

One of the plaintiffs in that case claims she was demoted from the varsity track and field team to the junior varsity team when a transgender athlete took her spot.

"I feel like it definitely lessened my chances to be seen by college recruiters," said plaintiff Taylor Starling in a previous interview with Eyewitness News. "It was definitely very disappointing to me that I did get removed from that varsity spot."

But supporters of transgender rights disagree, saying there's more to high school sports than simply competition.

"I think we got the point of what youth sports is about, which is, it's about having our kids grow up healthy and happy with their peers," said Jess Fitzpatrick with the Fresno Economic Opportunities Commission's LGBTQ+ Resource Center.

"Being a part of a sports team is about physical health, it's about being out there and making community and making friends, as well as competition."

The CIF is also making changes to its rules to address the controversy, saying any biological female athlete who is bumped from the podium because of the participation of a transgender athlete will be awarded a medal anyway.

"On Friday, May 30, if necessary, in the high jump, triple jump and long jump qualifying events at the 2025 CIF State Track and Field Championships, a biological female student-athlete who would have earned the next qualifying mark will also be advanced to the finals," said the CIF in a statement.

"Additionally, if necessary, in the high jump, triple jump and long jump events at the 2025 CIF State Track and Field Championships, a biological female student-athlete who would have earned a specific placement on the podium will also be awarded the medal for that place and the results will be reflected in the recording of the event."