The US Department of Education has determined that the state of California violated federal Title IX protections by permitting males to compete in women’s and girls’ sports and to gain access to female-designated locker rooms and bathroom facilities in K-12 public schools.
The findings, released this week by Education Secretary Linda McMahon, follow an investigation into a high-profile incident involving transgender athlete AB Hernandez at the California high school championships. Hernandez’s participation in girls’ events triggered complaints from parents and advocacy groups, who alleged that the inclusion of male-born athletes compromised the fairness of competition and the rights of female students.
According to the Department of Education, California now has 10 days to bring its policies into compliance with Title IX or risk the loss of federal education funding earmarked for the state’s K-12 public school system. The deadline for compliance is July 5.
In its report, the department specified that California must restore all records and awards to any female athletes negatively impacted by the inclusion of biological males in girls’ sports. Additionally, the state is required to submit annual Title IX compliance certifications to ensure ongoing adherence to federal civil rights law.
Missing the deadline could draw enforcement that includes referral to the Department of Justice or the loss of nearly $8 billion in annual federal funding for California’s K-12 schools.
The required actions include:
- Issuing a notice to all federal funding recipients that Title IX prohibits males from participating in female sports or using female facilities, adopting biology-based definitions of “male” and “female.”
- Rescinding any guidance allowing male athletes in female sports or spaces.
- Restoring records, titles, and awards to female athletes displaced by male competitors.
- Sending personalized apology letters to affected female athletes for the discrimination they faced.
Gov. Gavin Newsom has given no indication that he plans to comply with the federal orders.
Title IX, passed in 1972, prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. The ED’s ruling signals a significant shift in how the federal government may enforce sex-based protections in school athletics amid intensifying national debates over transgender participation.
This ruling makes perfect sense of the plain text of Title IX, particularly when considering that the law was drafted and enacted by an old-fashioned, sensible Congress and president back in 1972. Those oh-so-compassionate wokesters who wish to extend the protections of Title IX to girlie-boy athletes must go through the trouble of amending the law. Real girls (and boys) and their parents must not allow that to happen.
Trump, again cleaning up the mess that Biden brought in. Common sense is returning to America.