Dhillon

California sued the U.S. Justice Department on Monday over its demand last week that local school districts ban transgender youth from competing in sports, arguing the federal agency had overstepped its authority in violation of both state and federal law.

The “pre-enforcement” lawsuit was filed “in anticipation of imminent legal retaliation against California’s school systems” for not complying with the agency’s directive by its Monday deadline, said California Atty. Gen. Rob Bonta’s office, which is handling the litigation.

“The President and his Administration are demanding that California school districts break the law and violate the Constitution — or face legal retaliation. They’re demanding that our schools discriminate against the students in their care and deny their constitutionally protected rights,” Bonta said in a statement. “As we’ve proven time and again in court, just because the President disagrees with a law, that doesn’t make it any less of one.”

The lawsuit comes a week after Assistant Atty. Gen. Harmeet Dhillon, a Trump appointee and head of the federal Justice Department’s Civil Rights Division, sent a letter to school districts across California warning them that they faced potential “legal liability” if they did not “certify in writing” by Monday that they will break with California Interscholastic Federation rules and state law to ban transgender athletes from competition in their districts.

Dhillon argued that allowing transgender athletes to compete “would deprive girls of athletic opportunities and benefits based solely on their biological sex,” in violation of the U.S. Constitution.

State Supt. of Public Instruction Tony Thurmond responded last week by saying in his own letter to schools that Dhillon’s warning carried no legal weight and that school districts were still obligated to follow state law, which requires transgender athletes be allowed to compete on teams based on their gender identity.

The California Department of Education sent a letter to federal authorities Monday, informing them that California’s school districts are under no obligation to provide certifications to the Justice Department.

“There are no changes in law or circumstances that necessitate a new certification,” wrote General Counsel Len Garfinkel. “Moreover, the DOJ letter references no law that would authorize the DOJ to require another ‘certification.’”

“All students — not just transgender students — benefit from inclusive school environments that are free from discrimination and harassment,” Garfinkel added. “When transgender students are treated equally, their mental health outcomes mirror those of their cisgender peers.”

Bonta’s lawsuit asks a federal court in Northern California to uphold the constitutionality of California’s antidiscrimination laws protecting transgender athletes, and to bar the Trump administration from withholding funds or taking other retaliatory actions against school districts that refuse to abide by the Trump directive.

The lawsuit falls along one of the fastest growing legal and political fault lines in America: Does the equal protection clause of the 14th Amendment — the Constitution’s oft-cited guarantee against discrimination — protect transgender rights or undermine them?

Dhillon, other members of the Trump administration and anti-transgender activists nationwide have argued that the inclusion of transgender girls in youth sports amounts to illegal discrimination against cisgender girls.

Bonta’s office and other LGBTQ+ advocates argue that the exclusion of transgender girls is what constitutes illegal discrimination — and that courts, including the U.S. 9th Circuit Court of Appeals, which governs California and much of the American West, have agreed.

While Dhillon “purports that compliance with the Equal Protection Clause requires the categorical exclusion of transgender girls from girls’ sports, as courts have previously upheld, just the opposite is true: the Equal Protection Clause forbids such policies of total exclusion, as does California law,” Bonta’s office said.

State law that allows transgender students to participate in sports consistent with their identity “is squarely within the State’s authority to ensure all students are afforded the benefits of an inclusive school environment, including participation in school sports, and to prevent the serious harms that transgender students would suffer from a discriminatory, exclusionary policy.”

An attorney who supports keeping transgender athletes out of girls sports said the rights of female athletes are paramount in this situation.

Both the U.S. Constitution and federal statute provide protections for female athletes that California is violating by “allowing males into ‘girls only’ categories,” said Julie A. Hamill, principal attorney with California Justice Center, a law firm that has complaints pending with the federal Office for Civil Rights on behalf of young female athletes.

“By continuing to fan flames of division and play politics, leftist politicians and media outlets are causing further harm to American girls,” Hamill said.

Polls have shown that Americans generally support transgender rights, but also that a majority oppose transgender girls competing in youth sports. Many prominent advocates for excluding transgender girls from sports praised Dhillon’s actions last week as a bold move to protect cisgender girls from unfair competition.

Sonja Shaw, a Trump supporter who is president of the Chino Valley Unified Board of Education, has called on California school systems to adopt resolutions in support of the Trump administration order.

“The stakes couldn’t be higher,” Shaw said last week. “Our daughters deserve safe, fair competition … But radical policies are undermining that right, pushing boys into girls’ sports and threatening their opportunities. We’re not backing down.”

Shaw, a candidate for state superintendent of public instruction, said other school systems could model these resolutions on one passed by her school district.

A handful of the state’s 1,000 school districts have passed such resolutions.

The lawsuit’s claim that retaliation from the Trump administration could be imminent for schools that do not comply with the administration’s demands is not entirely speculative. It is based at least in part on repeated threats and actions the administration has already taken against states over its trans-inclusive sports policies.

President Trump has said outright that he wants to cut federal funding to California over its laws allowing transgender athletes to compete in youth sports. The federal Justice Department has announced investigations into the state and the California Interscholastic Federation over its inclusive policies for transgender athletes.

U.S. Atty. Bill Essayli in Los Angeles, a longtime ally of Dhillon and whose appointment has yet to be confirmed, recently threw his office’s support behind a private lawsuit challenging the inclusion of a transgender athlete on the track and field team at Martin Luther King High School in Riverside.

Dhillon issued her letter to California school districts after another transgender athlete from Jurupa Valley High School, 16-year-old AB Hernandez, won multiple medals at the state high school track and field championships despite President Trump demanding on social media that she not be allowed to compete.

The letter came despite attempts by the state to appease concerns.

After Trump’s online threats, for example, the CIF updated its rules for transgender competitors. As a result, Hernandez was allowed to compete at the state finals in the girls’ long jump, high jump and triple jump, but her qualifying did not result in the exclusion of any cisgender girl.

In addition, while Hernandez was awarded several medals, those medals were also awarded to cisgender girls who otherwise would have claimed them had Hernandez not been competing — with the girls sharing those spots on the medal podiums.

Supporters of the rule change said it eliminated concerns about cisgender girls losing opportunities to compete and win to transgender girls, but critics said the changes did not go far enough, and that transgender athletes needed to be fully banned from competition.

Dhillon’s letter demanding school districts certify that such bans were being implemented made no mention of the CIF’s rule change.

The U.S. Justice Department ratcheted up its efforts to block transgender athletes from competing in school sports in California by warning school districts Monday that they will face legal trouble if they don’t break from the state and bar such athletes from competition within days.

The new warning followed similar threats by the Trump administration to the state and the California Interscholastic Federation, which governs youth sports and requires transgender athletes be allowed to compete. It also comes after AB Hernandez, a 16-year-old transgender junior from Jurupa Valley High School, won multiple medals at the state high school track and field championships on Saturday, despite a directive from President Trump that she not be allowed to compete.

Assistant Atty. Gen. Harmeet Dhillon — a conservative California lawyer who focused on challenging LGBTQ+-friendly state laws before being appointed by Trump to head the Justice Department’s Civil Rights Division — wrote in a Monday letter to school districts that continuing to comply with CIF rules allowing transgender athletes to compete “would deprive girls of athletic opportunities and benefits based solely on their biological sex,” in violation of the U.S. Constitution.

To “avoid legal liability” for such violations, Dhillon wrote, each district must “certify in writing” by June 9 that it is no longer complying with the federation’s rules and barring transgender athletes from competition.

Dhillon said on the social media platform X that her office put “1600+ California schools on blast for violating equal protection in girls’ sports.”

Dhillon’s letter made no mention of the CIF’s rule change last week — after Trump threatened to revoke federal funding from California if Hernandez competed in the state championships. The change allowed any cisgender girl bumped from qualifying for event finals by a transgender athlete to compete anyway. It also ensured cisgender girls were awarded medals in every race, regardless of how Hernandez placed.

The policy was intended as a compromise, but it drew little support from those on the conservative right demanding a full ban on transgender athletes.

In addition to Trump’s funding threat, Dhillon’s office last week announced it was launching an investigation into the state, the interscholastic federation and the Jurupa Unified School District, where Hernandez competes.

A spokesperson for California Atty. Gen. Rob Bonta’s office said officials there were “very concerned with the Trump Administration’s ongoing threats to California schools and remain committed to defending and upholding California laws and all additional laws which ensure the rights of students — including transgender students — to be free from discrimination and harassment.”

The office was “reviewing the letter and closely monitoring the Trump Administration’s actions in this space,” the spokesperson said.

Elizabeth Sanders, a spokesperson for the California Department of Education, said the agency had no comment on Dhillon’s letter Monday but was “preparing to send guidance” out to districts Tuesday. She said California Supt. of Public Instruction Tony Thurmond also had no response Monday.

The Los Angeles Unified School District declined to comment. Other local districts around L.A. did not respond to requests for comment.

LGBTQ+ advocates criticized Dhillon’s letter, calling it the latest proof that the Trump administration is not actually concerned with protecting cisgender athletes but with targeting transgender kids to score political points.

Shannon Minter, vice president of legal at the National Center for Lesbian Rights, helped draft the interscholastic federation’s original rules allowing transgender athletes to compete, and also supports the new rule — which he said ensures that both transgender and cisgender athletes get to compete.

At last weekend’s meet, for example, Hernandez’s competing did not push any cisgender girls out of competition.

Hernandez took gold in both the girls’ triple jump and girls’ high jump, and placed second in the girls’ long jump — but wasn’t alone in any of those spots.

For the triple jump, she stood on the podium alongside a cisgender girl who was also given gold. For the high jump, she shared the podium with two cisgender girls with whom she tied. For the long jump, she shared the second-place podium spot with a cisgender girl who also was awarded silver.

The new rule addressed “the concerns people had about taking opportunities away from non-transgender girls, and it makes sure that cannot happen — it literally eliminates that concern altogether,” Minter said.

By ignoring the new rules, he said, Dhillon’s letter “shows what we already knew, which is that this administration isn’t concerned at all about protecting athletic opportunities for girls, this is just about bias against transgender people — pure and simple.”

Critics of transgender youth participating in sports, meanwhile, cheered Dhillon’s letter as a major victory.

Sophia Lorey, outreach director for the conservative California Family Council, said it was “huge.” Lorey was kicked out of the state championships Saturday after handing out fliers urging people to sign a petition calling on the interscholastic federation to change its policies.

“Here we gooooo!” Lorey wrote on X. “As a born & raised Californian who played soccer through college — I am beyond grateful.”

At least a handful of California school districts with conservative elected leaders would be eager to comply with the new directive.

On April 17, the Chino Valley Unified school board unanimously approved a resolution titled “Supporting Title IX and Fairness in Girls’ Interscholastic Sports.” The resolution stated that “biological differences between male and female athletes can create inherent advantage in competitive sports, particularly in categories designated specifically for girls.”

The school system called on state governing bodies to uphold protections for girls in sports under Title IX, a 1972 federal civil rights law prohibiting sex discrimination in educational programs and activities that receive federal funding.

In April, the school system also filed a Title IX complaint with the federal Justice Department against Gov. Gavin Newsom, the California Department of Education, Thurmond and the California Interscholastic Federation.

The complaint said Chino Valley was “now caught between conflicting state and federal directives” and was requesting “urgent federal intervention.”

Sonja Shaw, president of the Chino Valley Unified school board, wrote on X that Dhillon’s letter was “a historic win” for parents, their daughters, the nation and “truth.”

“We will not bend. We will not compromise. We will protect our daughters at all costs,” wrote Shaw, who is running for state superintendent of public instruction. “The tide is turning. The silence is broken. And we are just getting started.”

Shaw also suggested that the support from the Trump administration could encourage her school system to take more aggressive action.

“I’m bringing this matter forward at our next board meeting,” Shaw said. “We will not comply with insanity. We will not be bullied into silence. We will not betray our girls to please radicals.”

Hernandez’s mother, Nereyda Hernandez, could not be reached Monday, but has previously said that it was heartbreaking to see her child being attacked “simply for being who they are,” and despite following all California laws and policies for competing.

She begged Trump to reconsider his efforts to oust transgender girls from sports.

“My child is a transgender student-athlete, a hardworking, disciplined, and passionate young person who just wants to play sports, continue to build friendships, and grow into their fullest potential like any other child,” she said.

The U.S. Justice Department has launched an investigation into whether California, its interscholastic sports federation and the Jurupa Unified School District are violating the civil rights of cisgender girls by allowing transgender students to compete in school sports, federal officials announced Wednesday.

The Justice Department is also throwing its support behind a pending lawsuit alleging similar violations of girls’ rights in the Riverside Unified School District, said U.S. Atty. Bill Essayli, who oversees much of the Los Angeles region, and Assistant Atty. Gen. Harmeet Dhillon, who heads the Justice Department’s Civil Rights Division.

Transgender track athletes have come under intense scrutiny in recent months in both Jurupa Valley and Riverside, with anti-LGBTQ+ activists attacking them on social media and screaming opposition to their competing at school meets.

Essayli and Dhillon, both Californians appointed under President Trump, have long fought against transgender rights in the state. Their announcements came one day after Trump threatened to withhold federal funding from California for allowing transgender youth to participate in sports.

The legal actions are just the latest attempts by the Trump administration to scale back transgender rights nationwide, including by bringing the fight to California — which has the nation’s largest queer population and some of its most robust LGBTQ+ legal protections — and targeting individual student athletes in the state.

Both Trump in his threats Tuesday and Essayli and Dhillon in their announcement of the investigation Wednesday appeared to reference the recent success of a 16-year-old transgender track athlete at Jurupa Valley High School named AB Hernandez. Trump wrongly suggested that Hernandez had won “everything” at a recent meet — which Hernandez didn’t do.

In a comment to The Times on Wednesday, Hernandez’s mother, Nereyda Hernandez, said it was heartbreaking to see her child being attacked “simply for being who they are,” and despite following all California laws and policies for competing.

“My child is a transgender student-athlete, a hardworking, disciplined, and passionate young person who just wants to play sports, continue to build friendships, and grow into their fullest potential like any other child,” her mother said.

The mother of another transgender high school track athlete in Riverside County who is the subject of the pending lawsuit the Justice Department is now backing declined to comment Wednesday.

The Justice Department said it had sent letters of legal notice to California Atty. Gen. Rob Bonta, state Supt. of Public Instruction Tony Thurmond, the California Interscholastic Federation and Jurupa Unified.

The U.S. Department of Education had previously announced in February that it was investigating the CIF for allowing transgender athletes to compete. Dhillon said the two federal departments would coordinate their investigations.

Bonta has defended state laws protecting transgender youth, students and athletes, and advised school systems and other institutions in the state, such as hospitals, to adhere to state LGBTQ+ laws — even in the face of various Trump executive orders aimed at curtailing the rights of and healthcare for transgender youth. On Wednesday, his office said it remained “committed to defending and upholding California laws.”

Scott Roark, a spokesman for the California Department of Education, said his agency could not comment. Jacquie Paul, a spokesperson for Jurupa Unified, said the school system had yet to receive the letter Wednesday, and “without further information” could not comment. A spokesperson for the Riverside Unified School District also declined to comment, citing the pending litigation.

The CIF, in a statement, said it “values all of our student-athletes and we will continue to uphold our mission of providing students with the opportunity to belong, connect, and compete while complying with California law and Education Code.”

However, the sports federation also changed its rules for the upcoming 2025 CIF State Track and Field Championships, saying a cisgender girl who is bumped from qualifying for event finals by a transgender athlete would still be allowed to compete and would also be awarded the medal for whichever place they would have claimed were the transgender athlete not competing.

The changes brought renewed criticism from advocates on both sides of the political issue, including Chino Valley Unified school board President Sonja Shaw. Shaw is a Trump supporter running for state schools superintendent who has challenged pro-LGBTQ+ laws statewide and supports the latest investigation. She said that, in making the changes, CIF was “admitting” that girls “are being pushed out of their own sports.”

Dhillon said her office’s “pattern or practice” investigation will consider whether California’s laws and the CIF policies violate Title IX, a 1972 federal civil rights law prohibiting sex discrimination in educational programs and activities that receive federal funding.

Title IX has been used in the past to win rights for transgender people, but the Trump administration has taken a strikingly different view of the law — and cited it as a reason transgender rights must be rolled back.

Dhillon said the law “exists to protect women and girls in education,” that it is “perverse to allow males to compete against girls, invade their private spaces, and take their trophies,” and that her division would “aggressively defend women’s hard-fought rights to equal educational opportunities.”

Essayli said in a statement that his office would “work tirelessly to protect girls’ sports and stop anyone — public officials included — from violating women’s civil rights.”

LGBTQ+ advocates, civic institutions in California and many Democratic lawmakers in the state have denounced the framing of transgender inclusion in sports as diminishing the rights of women and girls and accused Trump and other Republicans of attacking transgender people — about 1% of the U.S. population — simply because they make for an easy and vulnerable political target.

Kristi Hirst, co-founder of the public education advocacy group Our Schools USA, said the Justice Department’s actions amounted to “bullying minors and using taxpayer resources to do so,” and that a “better use of public dollars would be for the Justice Department to affirm that all kids possess civil rights, and protect the very students being targeted today.”

The “pattern or practice” investigation is the second such investigation that Dhillon’s office has launched in the L.A. region in as many months. It’s also investigating Los Angeles County over its process for issuing gun permits.

Essayli’s separate decision to back the Riverside lawsuit adds another wrinkle to an already complicated case.

The group Save Girls’ Sports is suing over the inclusion of a transgender athlete in a girls’ track meet in October, a decision they allege unfairly bumped a cisgender girl from competition, and over a decision by high school officials to block students from wearing shirts that read, “IT’S COMMON SENSE. XX [does not equal] XY,” a reference to the different chromosome pairings of biological females and males.

Julianne Fleischer, an attorney with Advocates for Faith & Freedom who is representing Save Girls’ Sports, said Wednesday that Essayli’s decision to weigh in on behalf of the group was welcome.

“This case has always been about common sense, fairness, and the plain meaning of the law,” Fleischer said in a statement. “Girls’ sports were never meant to be a social experiment. They exist so that girls can win, lead and thrive on a level playing field.”

It was unclear how the case would be affected by Essayli’s interest.

The state and school district are asking for the lawsuit to be dismissed. A hearing is scheduled next month.

Essayli, formerly a state Assembly member from Riverside County, made his name in politics in part by attacking what he has called the “woke” policies of California’s liberal majority in Sacramento. Shortly before he was appointed as U.S. attorney last month, other California lawmakers blocked a bill he introduced that would have banned transgender athletes from female sports.

Hernandez, the mother of the targeted Jurupa Valley athlete, said Trump and other officials were bullying children by “weaponizing misinformation and fear instead of embracing truth, compassion and respect,” and asked Trump to reconsider.

“I respectfully request you to open your heart and mind to learn about the LGBTQ+ community,” she said, “not from the voices of fear or division, but from the people living these lives with courage, love and dignity.”