California has initiated a lawsuit against the Department of Justice after the department requested that public high schools in the state prohibit transgender athletes from participating in women’s sports.
The lawsuit claims that the Justice Department lacks the authority to make such a demand and did not provide any legal backing for local educational institutions to issue or enforce accreditation requirements.
California is standing by its law, which supports athletes competing in sports aligned with their gender identity, asserting that this practice complies with the Equal Protection Clause of the 14th Amendment.
The lawsuit emphasizes that state regulations should not be viewed or classified in a way that discriminates based on biological gender. It argues that enabling students to participate according to their gender identity aligns with vital government interests, such as providing all students with equal access to a well-rounded educational environment, preventing harm to transgender students from exclusionary policies.
California also sought an injunction against the demand from the Justice Department.
In a letter obtained by Fox News, Attorney General Halham Dillon indicated that public school districts must confirm in writing by June 9th.
Dillon stated, “Denying female students athletic opportunities and benefits under the sexual protection clause would be considered unconstitutional sex discrimination.”
The Inter-California Governance Federation oversees both public and private high school sports, establishing bylaws that require recognition of athletes’ gender identities.
According to these bylaws, all students can participate in school sports according to their gender identity, regardless of what is documented in their official records.
Dillon mentioned that the requested certifications from school districts aim to ensure compliance with Title IX and help avoid legal repercussions.
California Attorney General Rob Bonta responded to the lawsuit, stating that it did not fulfill Dillon’s request amid expectations of legal retaliation against the California educational system. He expressed that the current administration is pressuring California school districts to act in ways that contravene the law and violate constitutional rights.
The Department of Justice has not provided comments regarding the lawsuit yet.
Previously, the DOJ filed a lawsuit against Maine over similar issues, accusing the state of neglecting federal anti-discrimination laws by implementing policies that require children to compete only in gender-specific categories.
This latest development from California follows the victory of transgender athlete AB Hernandez, who recently won a state championship in the women’s division.
