The U.S. Department of Justice has warned California’s public schools that permitting transgender students to participate in girls’ sports could result in legal consequences.
Harmeet K. Dhillon, assistant attorney general in the DOJ’s Civil Rights Division, stated in a letter Monday that a bylaw from the California Interscholastic Federation, a state organization that oversees high school sports, permitting student-athletes to compete in CIF activities that align with their gender identity violates the 14th Amendment.
“The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits discrimination on the basis of sex. Knowingly depriving female students of athletic opportunities and benefits on the basis of their sex would constitute unconstitutional sex discrimination under the Equal Protection Clause,” the letter said.
In the letter, Dhillon stated that the public school district must certify in writing by June 9 that the CIF will not implement the bylaw, “to ensure compliance and avoid legal liability.”
“Let’s be clear: sending a letter does not change the law,” California Superintendent of Public Instruction Tony Thurmond said in a statement. “The DOJ’s letter to school districts does not announce any new federal law, and state law on this issue has remained unchanged since 2013. California state law protects all students’ access to participate in athletics in a manner that is consistent with their gender identity. We will continue to follow the law and ensure the safety of all of our athletes.”
The latest back and forth between federal and state officials comes after President Donald Trump against 16-year-old AB Hernandez, a junior at Jurupa Valley High School, who won the girls’ long jump and triple jump events at the California Interscholastic Federation’s Southern Section Masters on May 24, qualifying for the state championships that will take place May 30 – 31, The Hill reported.
Hernandez went on to win two gold medals and a silver medal at the state track and field finals on Saturday.
In February, Trump signed an executive order that states that “it is the policy of the United States to oppose male competitive participation in women’s sports” and threatens to “rescind all funds from educational programs that deprive women and girls of fair athletic opportunities.”
California is one of 22 states that have laws requiring transgender students to participate in sports consistent with their gender identity. The law was signed by former Gov. Jerry Brown in 2013.
According to Gov. Gavin Newsom’s office, out of the 5.8 million students in the state’s K-12 public school system, the number of active transgender student-athletes is estimated to be in the single digits.