(The Center Square) – California Superintendent of Public Instruction Tony Thurmond issued an initial response to the U.S. Department of Justice’s claims that the state’s required inclusion of transgender athletes in student sports violates the U.S. Constitution’s Equal Protections Clause.
On Monday, the U.S. Department of Justice issued a letter stating that California’s local educational agencies are in violation of the 14th Amendment’s Equal Protections Clause if they comply with the California Interscholastic Federation’s policy requiring inclusion of transgender athletes in the gendered sports team of their gender identity.
That letter came days after a transgender athlete won gold in two high school girls’ state track and field championship events, and silver in a third.
“The DOJ assertions are not in themselves law, and the letter by itself cannot be an enforcement mechanism. The letter does not announce the passage of any new federal law,” wrote Thurmond. “In fact, the CIF policy that the DOJ letter refers to reiterates California law, which protects students from discrimination based on gender identity, and which requires that students be permitted to participate on athletic teams that are consistent with their gender identity.”
CIF’s rule is in accordance with Assembly Bill 1226, signed into law in 2013. The DOJ asserts that the rule violates Title IX, passed in 1972 to ensure that girls have equal access to boys’ programs and education, by taking away athletic opportunities from California girls.
While federal funding could be on the line for California educational bodies that continue to include transgender athletes in girls’ sports, California’s public K-12 schools receive the vast majority of their funding from state taxes.
The DOJ has requested that recipients of its letter must certify by the end of June 9, 2025 that they will not implement the CIF rule, or face possible “injunctive relief.”
Thurmond responded by noting that the state is in full compliance with the U.S. Constitution and promised to send an official response to the DOJ.
“As we review the requested certification, we want to assure you that the California Department Education (CDE) and the LEAs in our state that receive federal funds have already provided the requisite assurances to funding agencies that programs and services are in compliance with the U.S. Constitution,” continued Thurmond. “The CDE plans to respond to the DOJ on behalf of the state and its LEAs by the requested date, and we will share a copy of our response with you for your information once we have submitted it.”
