September 3, 2026

Biden-appointed judge tosses DOJ lawsuit over California's transgender athlete policy on procedural grounds

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A federal judge dismissed the Trump administration's Title IX lawsuit against California's policy allowing biological males to compete in girls' sports, not because the policy is legal, but because the government failed to follow a procedural funding-notice requirement.

U.S. District Judge Cynthia Valenzuela, a Biden appointee, threw out the Department of Justice lawsuit on Monday, ruling that the federal government never gave California explicit prior notice before threatening to pull $44.3 billion in education funding. The dismissal left California's decade-old transgender athlete policy fully intact and handed the state a procedural win that sidesteps the central question: whether forcing girls to compete against biological males violates the federal law designed to protect them.

The DOJ filed suit to enforce Title IX, the 1972 law that guarantees equal athletic opportunities for female students. California has allowed biological males who identify as female to compete on girls' sports teams since 2013, a policy administered through the California Interscholastic Federation. The Trump administration argued the arrangement violates the very statute it claims to honor. Judge Valenzuela never reached that argument. She grounded her dismissal entirely in administrative funding rules, finding that the federal government skipped a required step before putting billions in education dollars on the table as leverage.

A Justice Department spokesperson responded Tuesday, as OutKick reported:

"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."

DOJ officials confirmed they are reviewing an appeal. The New York Post noted the ruling was not a finding that California's transgender athlete policy is required by Title IX, leaving the core legal battle unresolved. That distinction matters. Judge Valenzuela did not say California is right. She said the federal government filled out the wrong paperwork.

A procedural off-ramp let the court dodge the real question

The ruling's narrow scope is its most telling feature. By anchoring the dismissal in administrative notice requirements rather than the substance of Title IX, the court avoided ruling on whether biological males hold physical advantages over female competitors, a question the evidence answers plainly. The Supreme Court has already upheld states' authority to ban transgender athletes from competing in girls' and women's sports, though it stopped short of requiring every state to adopt such restrictions.

That leaves California as an outlier. While other states have moved to protect female athletes, Sacramento has doubled down on a policy that puts ideology ahead of competitive fairness. The results are visible on the medal stand.

AB Hernandez, a transgender athlete from Jurupa Valley High School in Riverside County, California, has captured four state titles across the 2025 and 2026 CIF State Track and Field Championships, back-to-back victories in both the high jump and triple jump. Hernandez also finished third in the 2026 long jump and joined the girls' varsity volleyball team, where multiple rival high schools chose to forfeit matches rather than compete.

The forfeits alone tell a story no court ruling can erase. Schools looked at the matchup, concluded it was unfair, and walked away. The girls who trained for years to earn roster spots and postseason berths watched their seasons shortened by opponents' refusal to participate in what they viewed as a rigged contest.

The CIF's own response underscored the problem it refuses to name. The federation created duplicate medals for female athletes pushed down the podium, an acknowledgment that the competition produced results the governing body itself could not defend as fair. Rather than fix the policy, officials minted extra hardware. The Supreme Court has shown willingness to uphold Trump administration authority on contested policy questions, and the DOJ may find a more favorable reception if it corrects the procedural deficiency and refiles.

Progressives lean on a "fewer than 10" talking point while girls lose championships

Defenders of California's policy have argued that fewer than 10 transgender athletes compete among the state's millions of students, framing the issue as too small to warrant federal intervention. The argument mistakes scale for significance. One biological male winning four state titles displaces four girls who earned their way to the top of their events through years of training. Forfeited volleyball matches affect entire rosters. The number of transgender athletes is irrelevant to the girls standing on the wrong side of the podium.

California girls' track and field athletes have not stayed silent. On May 10, 2025, athletes protested transgender inclusion in girls' sports at a postseason meet at Yorba Linda High School in Orange County. Weeks later, on May 30, spectators held "Save Girls Sports" signs during the CIF State Track and Field Championships at Veterans Memorial Stadium in Clovis. The protests reflected a growing frustration among families and athletes who believe the state has abandoned them in favor of a political constituency.

The dismissal drew sharp coverage noting that the Biden-appointed judge left the state's rules fully intact without ever addressing the competitive fairness question. For the girls affected, the procedural distinction between "your case was dismissed on the merits" and "your case was dismissed on a technicality" changes nothing about the next race, the next match, or the next medal ceremony.

DOJ's appeal path and the broader court landscape

The DOJ's statement that it is "evaluating options for appeal" signals the administration views the dismissal as a correctable error, not a final defeat. If the federal government can satisfy the administrative notice requirement, giving California formal warning that its education funding is at risk, the underlying Title IX claim could return to court on its merits. That is the fight California's policy cannot survive on the facts.

Federal courts have become the primary arena for resolving disputes over Trump administration policy. Recent Supreme Court rulings on executive orders have shown that procedural setbacks at the district level do not always predict final outcomes. The administration has repeatedly prevailed after initial lower-court resistance, and the DOJ's track record suggests it will not abandon a case this politically and legally significant over a notice deficiency.

Title IX was written in 1972 with a clear purpose: to guarantee equal opportunities for female athletes who had been shut out of competitive sports for generations. California's 2013 policy inverts that guarantee, requiring girls to compete against biological males and treating the resulting disparity as an acceptable cost of inclusion. The federal government's effort to enforce the statute's original meaning ran into a procedural wall, not a substantive one.

Federal judges have narrowed challenges to Trump policies in other contexts, and the DOJ's willingness to pursue an appeal suggests the administration expects the procedural deficiency to be a speed bump, not a roadblock.

Education Secretary Linda McMahon has publicly pressed California Gov. Gavin Newsom on the issue, telling him to "pick a side" on the question of transgender athletes in girls' sports. Newsom has not reversed the state's policy. For now, California remains one of the few states where biological males can compete on girls' teams without restriction, even as the Supreme Court has affirmed that states have the authority to draw the opposite line.

The girls who lost state titles, watched opponents forfeit rather than face an unfair matchup, and received duplicate medals as a consolation prize are still waiting for someone in authority to state what they already know. Constitutional deadlines and procedural requirements govern how the federal government acts, but they do not change the underlying reality on the field.

A paperwork error does not make a policy fair. And no number of duplicate medals will replace the ones that were earned and then taken away.

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