California has refused to comply with a Trump-era directive to ban transgender athletes from participating in school sports according to their affirmed gender, standing firm in its commitment to anti-discrimination laws.
On Monday (7 July), the California Department of Education formally rejected demands from the U.S. Department of Education’s Office for Civil Rights (OCR), which had given the state 10 days to agree to a proposed resolution. The OCR had concluded that California violated the rights of female students by allowing transgender athletes to compete in girls’ and women’s sports.
In a letter addressed to federal officials, Len Garfinkel, general counsel for the state education agency, wrote:
“The California Department of Education… respectfully disagrees with OCR’s analysis and it will not sign the proposed resolution agreement.”
The Trump administration has argued that California’s trans-inclusive sporting policies breach Title IX, the federal civil rights law that prohibits sex-based discrimination in education. The Department of Education has warned that non-compliance could trigger “imminent enforcement action,” although the specifics of such action remain unclear.
Responding to California’s defiance, Education Secretary Linda McMahon posted on X:
“California has just REJECTED our resolution agreement to follow federal law and keep men out of women’s sports. Turns out Gov. Newsom’s acknowledgement that ‘it’s an issue of fairness’ was empty political grandstanding.”
She also warned Governor Gavin Newsom: “@CAgovernor, you’ll be hearing from @AGPamBondi.”
The federal government initially launched its investigation in February, targeting the California Interscholastic Federation (CIF) over its trans-inclusive policy, which allows student-athletes to participate in sports consistent with their gender identity.
President Donald Trump has previously threatened to pull federal funding from the state, potentially “permanently”, if California refused to comply with his executive order.
Despite mounting federal pressure, California has shown no signs of backing down. Shannon Minter, legal director at the National Centre for LGBTQ Rights, praised the state’s position:
“This administration is targeting California in an attempt to intimidate it into backing away from its strong anti-discrimination laws.
I’m encouraged to see the California Department of Education is standing up to that.”
