The California Legislature quashed a bill that would have banned students from using sex-segregated programs or facilities of the opposite gender, after California Gov. Gavin Newsom signaled his support for such a policy while hosting conservative activist Charlie Kirk on his podcast.
“Well, I think it’s an issue of fairness. I completely agree with you on that … it’s deeply unfair,” said Newsom when Kirk asked about whether he thinks it’s fair that boys are participating in girls’ sports.
The bill, Assembly Bill 844, would have required that when it comes to sex-segregated facilities and programs, students of all ages would be segregated according to their sex, not their gender identity.
Bill author Bill Essayli, a Republican who resigned Tuesday from the Assembly to take an appointment as a U.S. attorney, argued that it’s unfair and dangerous for biological males to participate in girls’ sports and access girls’ locker rooms.
“California’s current policy allowing biological males to compete in girls’ sports and access female locker rooms is not only unfair —it’s dangerous,” wrote Essayli in support of the bill. “It violates the privacy of our students, robs female athletes of their hard-earned opportunities and undermines the very intent of Title IX.”
Title IX prohibits sex-based discrimination in any education program or activity receiving federal funding, and is largely credited with increasing female sports and activity availability.
Opponents argued the legislation would result in discrimination and harm transgender students.
“The bill would discriminate against transgender individuals and prohibit them from playing school sports — even if they have been living consistent with their gender identity and receiving treatment for gender dysphoria, for years,” wrote Equality California. “The bill would also invite scrutiny and harassment of any student perceived as not conforming to sex stereotypes, and violate student privacy by requiring students to answer invasive personal questions if they want to play sports or even to use the bathroom.”
The bill failed at its first committee vote, only earning the support of the committee’s two Republicans. Assembly Speaker Robert Rivas, D-Hollister, was the lone Democrat to abstain from the vote as the other Democrats voted in opposition.
When asked at a press conference Wednesday on the bill, Newsom said the state is facing a “myriad” of issues right now and that it’s not where “all” of his “energy” flows.
“How can you make this fair? And I haven’t been able to figure it out,” said Newsom. “This is not where all my energy flows. You’re talking about a very small number of people.”
“To the extent that someone could find that right balance, I would embrace those conversations,” continued Newsom.
