The Trump administration’s Department of Justice last week filed a lawsuit against California because of its policies that allow transgender females to compete in sports competitions with biological females. The feds say that the state Department of Education is violating the Title IX federal law that bans discrimination. A lot is at stake, as California receives more than $44 billion in public-school funding from the federal government.
Following the lawsuit, Gov. Gavin Newsom called the lawsuit “a cynical attempt” to distract Californians from various public-school cuts. We agree that the president and his appointees are using transgender issues as a political wedge, a means to drum up political support by taking a bold stand against an unpopular policy. But even if it is cynical—and with Donald Trump that’s always a safe bet—progressives have given the administration a lot of fodder.
Per the lawsuit, “The results of these illegal policies are stark: girls are displaced from podiums, denied awards, and miss out on critical visibility for college scholarships and recognition.” California’s rules “are not only illegal and unfair but also demeaning, signaling to girls that their opportunities and achievements are secondary to accommodating boys.” Even if the instances are few, we suspect—and polls confirm this—that the overwhelming majority of Americans would agree with the lawsuit’s arguments.
Not that long ago, Newsom seemed to agree, too. On the governor’s own podcast in March, the governor told conservative activist Charlie Kirk, “I think it’s an issue of fairness, I completely agree with you on that. It is an issue of fairness—it’s deeply unfair. … I revere sports. So, the issue of fairness is completely legit.” We’d prefer to minimize all these federal v. state lawsuits, but if Newsom meant what he said he’s had ample time to start changing the policy.
The Trump administration has had remarkable success so far with its efforts to enforce Title IX in this manner, as its actions prodded the University of Pennsylvania to reverse course. The California Interscholastic Federation (CIF), which governs student athletes here, agreed to restore titles to biological females who lost them to transgendered ones, according to the New York Post.
It might only affect around 10 student athletes out of millions in our state, per the Post. That just makes the entire issue more of a head scratcher. Obviously, all students — regardless of their gender or sexuality — should be treated fairly and respectfully. But people born as males have physiological advantages in sports over those who are born female. Allowing them to compete in physically demanding sports is different than, say, allowing them to participate in marching band or debate club.
Why weren’t there adults in California’s government who could put aside the ideological and political gender posturing and say “no” to a situation that strikes most people as unfair? In May, CIF revised its rules to advance more biological girls to track-and-field events when trans athletes compete. Newsom praised that approach, but that’s a temporary work-around to a problem of the educational system’s own making.
Whatever the administration’s motives, the lawsuit is correct that California’s rules violate basic fairness. State officials should cut their losses now — or continue to give the president a tool by which to humiliate them.
