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Tipsheet

California Allowed a Boy to Compete in a Women's Track Meet. This Is What's Happening Next.

AP Photo/Gregorio Borgia

On Wednesday, the Department of Education’s (ED) Office for Civil Rights (OCR) announced the conclusion of a Title IX investigation in California.

The ED found that  the California Department of Education (CDE) and the California Interscholastic Federation (CIF) violated Title IX by allowing so-called “transgender” athletes to compete against girls.

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“Although Governor Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions,” said U.S. Secretary of Education Linda McMahon. 

“The Trump Administration will relentlessly enforce Title IX protections for women and girls, and our findings today make clear that California has failed to adhere to its obligations under federal law. The state must swiftly come into compliance with Title IX or face the consequences that follow,” she added.

Last week, this writer spoke with McMahon on-the-record about this specific situation in California. At the time, the investigation was not yet concluded.

“It’s unfortunate with Gov. Newsom in California because he comes out and says ‘Hey, there’s no room for boys to compete in girls’ sports.’ He says that, very forcefully. Then he does nothing about it and he allows it to happen. We are continuing our investigation in California and other states…then we take action. One of the potential actions we can take, also, is taking federal funds away from some of the schools that are in noncompliance. So, those options are on the table as well,” McMahon told me during the meeting.

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The California athlete at the center of the controversy, AB Hernandez, 16, took home gold in the girls’ high jump and triple jump. In the aftermath, President Trump wrote on Truth Social that “large scale fines” would be imposed on California.

Parental rights organization Defending Education (DE) applauded the ED for finding California in violation of Title IX.

“I commend the U.S. Department of Education under Secretary McMahon’s leadership for finding both the California Department of Education and the California Interscholastic Federation in violation of Title IX,” Nicole Neily, president of DE, said in a statement.

“Female athletes in California, like all women and girls nationwide, should be protected from unfair and dangerous competition against male athletes. California is violating the letter and spirit of Title IX and parents around the country – not just in California – are grateful for the bold action of the Administration to ensure compliance,” she added. 

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Erika Sanzi, director of outreach at DE, chimed in. 

"So many of us have spent years watching in disbelief as leaders in California chose to systematically betray their female athletes, even after Governor Newsom acknowledged publicly how unfair the situation was,” she said.

“This action by the Department of Education is a crucial first step in standing up for Title IX, protecting the state's athletes in the future and making things right with the female athletes who have been wronged. It is my hope that this announcement today sends a strong message to all the other states with policies that mimic California's because they too have leaders who refuse to follow the law and stand up for women and girls,” she concluded.

California Gov. Gavin Newsom (D) said on his podcast in March that there is a clear issue of fairness that arises when men are allowed to compete against women, as Townhall covered.

“Well, I think it’s an issue of fairness. I completely agree with you on that,” Newsom told conservative activist Charlie Kirk. “It is an issue of fairness. It’s deeply unfair.” 

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“I am not wrestling with the fairness issue. I totally agree,” he said. “I revere sports, so the issue of fairness is completely legit.”

However, Newsom has done nothing to stop incidents like this happening in his state.

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