On Tuesday, the Kern County Board of Education in California made headlines by becoming the latest board in a Democratic-leaning state to approve a resolution aimed at preventing biological males from participating in girls’ sports, even as state law stands in opposition. This controversy has been brewing since last year, particularly regarding transgender athletes in women’s high school and college athletics, creating a significant challenge for the Biden administration’s approach to enforcing Title IX.
Mary Little, the board president, noted that the unanimous 6-0 vote reflects a stance against what they see as Governor Newsom’s disregard for federal law. “We’ve discussed how Governor Newsom has addressed federal regulations,” she explained. “He’s veered away from the original intentions of Title IX. Our laws aim to supersede California’s, enforcing compliance with federal standards.” Little highlighted that the board had not received pushback from the state regarding the new resolution.
Lori Cisneros, a trustee who proposed the resolution, emphasizes the board’s duty to protect girls in sports, advocating for their safety and fairness. “I’m frustrated with the governor. His actions defy federal laws, and he seems to be undermining Title IX,” she remarked. Cisneros added that the situation is affecting female athletes and their families, who express discontent about competing against biological males. “There’s a clear physical difference, and it just feels unjust,” she said.
The U.S. Department of Justice has initiated legal action against the California Department of Education and the California Interscholastic Federation concerning policies allowing males to compete in women’s sports. Little criticized Governor Newsom, asserting that he is “sacrificing a lot of taxpayer money” by blocking enforcement of federal guidelines.
If given the chance to speak with Newsom directly, Cisneros mentioned she would urge him to adhere to federal law and Title IX. In a recent post, U.S. Education Secretary Linda McMahon praised the Kern County Board for its bold decision to challenge what she described as reckless governance, hoping that other counties would follow suit.
Issues surrounding transgender athletes in sports have affected multiple California schools, with one incident at Martin Luther King High School attracting significant attention. There, a transgender student earned a position on the girls’ cross-country team over a female athlete, who subsequently filed a lawsuit against the school district. “That, to me, was just wrong,” noted Little. “He’s biologically male competing against girls—how is that fair?”
Little argued that parents should have a constitutional right to protect their daughters from competing against males in girls’ sports, deeming the inclusion of trans athletes in these spaces a discriminatory practice. “Parents have the right to ensure their children can participate in sports without facing discrimination,” she said.
She mentioned that there were speakers at the recent meeting voicing their support for women’s sports and questioning the resolution, but maintained an open approach to differing opinions, stating, “I want to hear what everyone thinks, and if we don’t see eye-to-eye, then that’s okay.” She also expressed a desire for other school boards to adopt similar resolutions to protect Title IX.
Newsom had previously stated that both the CDE and CIF are operating under laws enacted in 2013, while acknowledging concerns about the fairness of allowing men to compete in women’s sports. “It’s a tricky situation. I see the fairness issues, yet I also believe we must treat all individuals with respect,” he said.
A recent survey from the California Institute of Public Policy indicated that a majority of Californians oppose biological male athletes competing in women’s sports, with over 70% of parents in the state supporting the requirement for transgender athletes to participate based on their sex assigned at birth. The poll revealed that 65% of adults and 64% of voters favor this stance.
