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Bulletin of September 3, 2026

4 minPolitics

Federal judge dismisses DOJ lawsuit over California transgender athlete policy

A federal judge dismissed the Department of Justice lawsuit challenging California's policy allowing biological males in girls' sports, citing administrative funding rules. The DOJ is reviewing an appeal.

A federal judge has dismissed a Department of Justice lawsuit against California over its policy permitting biological males who identify as female to compete on girls' sports teams. U.S. District Judge Cynthia Valenzuela issued the ruling Monday, and the decision drew an immediate response from the Justice Department on Tuesday.

Judge Valenzuela based her decision on administrative funding rules rather than the underlying debate over competitive fairness. She found that the federal government failed to give California explicit prior notice before threatening to pull $44 billion in education funds. The Justice Department had sued to enforce Title IX, arguing the law protects female athletes from competing against biological males.

Justice Department officials confirmed they are reviewing an appeal. A department spokesperson said: «We are disappointed by the Court's order and remain committed to enforcing President Trump's agenda of preventing boys from playing in girls' sports.»

The ruling comes shortly after the Supreme Court upheld states' authority to ban transgender athletes from competing in girls' and women's sports. However, the justices did not require states to adopt such restrictions, leaving California's policy in place while the DOJ considers its next step.

California's policy dates to 2013, when Gov. Gavin Newsom, Sacramento lawmakers, and the California Interscholastic Federation allowed biological males who identify as female to join girls' sports teams. Title IX, enacted in 1972, was designed to guarantee equal opportunities for female athletes.

The controversy gained national attention through AB Hernandez, a transgender athlete from Jurupa Valley High School who competed in girls' track and field and volleyball. Across the 2025 and 2026 CIF State Track & Field Championships, Hernandez captured four state titles, securing back-to-back victories in both the high jump and triple jump, along with a third-place finish in the 2026 long jump.

The competitive disparity forced CIF to create duplicate medals for female athletes pushed down the podium. When Hernandez joined the girls' varsity volleyball team, the issue expanded from competitive fairness to physical safety. Multiple rival high schools chose to forfeit their matches entirely rather than place their female players on the court against high-velocity net play.

Progressives downplay the issue by noting that fewer than 10 transgender athletes compete among the state's millions of students. Critics argue the issue cannot be measured by headcount alone, noting that one biological male can change a state championship result, take a varsity spot from a female athlete, or affect college recruiting and name, image, and likeness opportunities.

A single federal judge in California will not have the last word on the future of Title IX. While more than half of the country politically draws a firm line to defend women's sports, Sacramento politicians keep putting progressive gender mandates over common sense, according to critics. Young female athletes are the ones paying the price on the court and on the track.

Erin Baxter

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News Editor

Erin Baxter covers public affairs, politics, business, culture and daily news for Cronkite. The role focuses on verification, context, and clear explanations for readers.

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