title ix

A federal judge this week threw out the U.S. Justice Department’s lawsuit challenging California policies that allow transgender athletes to compete on school sports teams that match their gender identity.

The Justice Department alleged that the California Department of Education and the California Interscholastic Federation were in violation of Title IX, a 1972 federal law that prohibits sex-based discrimination in any education program or activity that receives federal funding. It argued the law requires that sports eligibility and facilities access be based on biological sex, not gender identity.

But U.S. District Judge Cynthia Valenzuela found that Title IX does no such thing — and that a recent U.S. Supreme Court ruling allowing other states to apply such eligibility standards only reinforced her conclusion.

Valenzuela, an appointee of President Biden, wrote that the Supreme Court had “explained that Title IX’s regulations ‘expressly permit schools’ to maintain separate sex-based teams and ultimately held that States ‘may maintain women’s and girls’ sports for biological females’ and ‘may determine eligibility’ for those teams based on biological sex” — and “thus upheld the biological-sex eligibility rules before it without holding that Title IX requires every school to adopt the same rule.”

Valenzuela wrote that the Supreme Court “declined to decide whether Title IX permits transgender girls to participate on girls’ and women’s teams,” and “expressly stated” that nothing in its opinion addressed that “distinct question.”

Valenzuela wrote that she, likewise, did not need to decide that issue, only “whether Title IX and its implementing regulations clearly required California to exclude transgender girls from girls’ teams and sex-separated facilities.” She found “they did not.”

Therefore, Valenzuela wrote that California “lacked clear notice” of such categorical exclusion of transgender athletes as a condition of the federal funding California received, and other court decisions — including the Supreme Court’s in June — did not “supply the missing clarity.”

A Justice Department spokesperson said the agency is “evaluating our options for appeal.”

“We are disappointed by the Court’s order, and remain committed to enforcing President Trump’s agenda preventing boys from playing in girls’ sports,” it said, referring to transgender girls.

The Justice Department suit threatened to cut $44.3 billion in federal funding from the California Department of Education, if the state did not change its policies.

California Atty. Gen. Rob Bonta’s office, which represented the California agencies in court, deferred questions to the agencies.

Rebecca Brutlag, a spokesperson for the CIF, said it does not comment on legal matters. The California Department of Education did not immediately respond to requests for comment.

In court, they had made similar arguments as those Valenzuela cited in her ruling — arguing that Title IX does not require excluding transgender girls from girls’ sports, and neither does the recent Supreme Court ruling.

LGBTQ+ rights organizations praised Valenzuela’s ruling Tuesday.

Trevor Norcross, the father of Lily Norcross — a teenage transgender track athlete at Arroyo Grande High School on the Central Coast and one of the athletes whose participation in sports was cited by the Justice Department as a violation of Title IX — said it is “time to get back to supporting and enjoying girls’ and women’s sports instead of trying to tear them down.”

“I’m especially excited that girls in California can now focus on athletic competition without having to worry about manufactured culture wars and the prospect of invasive body inspections if they don’t look feminine enough,” he said.

Rainbow Families Action, a group that advocates for the rights of trans kids, hailed the decision, saying the Trump administration’s “relentless and hateful campaign against transgender children has hit another roadblock.”

The Justice Department’s lawsuit was brought by two longtime critics of California’s policies for transgender students: Harmeet Dhillon, a hard-charging conservative attorney in California before her elevation to head of the Justice Department’s Civil Rights Division; and Bill Essayli, a conservative state lawmaker before his elevation to lead the U.S. attorney’s office in Los Angeles.

It was part of a much broader and ongoing effort by the Trump administration to erase trans-inclusive policies nationwide — around youth sports but also public bathrooms, medical care and official government documents.

California’s own policies for transgender athletes have been in flux.

Last year, President Trump took to his social media platform and demanded that state officials ban transgender teenage track star AB Hernandez from competing at the state track and field competition.

Amid those threats, the CIF updated its rules for transgender competitors. Under the new rules, transgender athletes can compete, but their qualifying for events cannot take a spot away from any cisgender competitor, and they must share whichever podium position they win with the next best cisgender athlete.

Hernandez went on to compete and win multiple medals, sharing her spots on the medal podiums with the cisgender athletes who otherwise would have claimed them had Hernandez not been competing. Hernandez repeated her success this year, again sharing her wins with cisgender competitors.

Los Angeles Times reporter Howard Blume contributed to this article.

WNBA veteran Brianna Turner said on social media this week that the Indiana Fever fired a male staff member for sexual harassment last season and encouraged players not to speak about the matter.

Turner, who played for Indiana last year and is now a member of the Las Vegas Aces, provided no other details about any alleged incidents. The Fever issued a statement Thursday but did not directly address Turner’s allegations.

“Protecting our players and employees and maintaining a respectful, professional workplace is our top priority,” the Fever said in its statement. “Our policy is to take concerns seriously, investigate thoroughly, and act promptly when appropriate to protect the people in our organization and ensure everyone is treated with professionalism and respect. Fostering trust and safety in that process means we do not comment on personnel matters involving former employees.”

Turner made her comments Wednesday in an X thread in which she defended the right of transgender women to participate in women’s sports. “So many takes about them are based on fear mongering and bigotry,” Turner wrote.

Her posts came a day after an ESPN article quoted Fever guard Sophie Cunningham, Turner’s former teammate, saying she wants “to protect young girls in a locker room, or young girls in sport who shouldn’t have to go against biological men.”

“A tiny minority of the population identifies as trans, yet they are always a trending topic unfortunately. I’m in my 8th season as a WNBA player,” wrote Turner, who did not mention Cunningham in her posts. “To date there’s been one out trans player in the league. They caused zero problems.”

She continued: “An issue that has caused problems though? Last year on my WNBA team a male staff member was fired for sexual harassment, but we were encouraged to keep quiet about it. That is an issue. Sexism, misogyny, homophobia, and racism are all issues.”

Turner spent her first five seasons with Phoenix, then one with Chicago before going to the Fever last year. For those just becoming familiar with her and her beliefs this week, Turner reposted something she wrote a couple years ago.

“If you are new here, I am a vocal ally of the trans community,” Turner wrote on X in 2024. “If that bothers you, don’t hesitate to mute or block me. I don’t have the capacity or patience to debate with internet strangers as to why they should be considerate of marginalized communities.”

In April, Turner penned an opinion piece for USA Today in which she harshly criticized the newly adopted policy by the International Olympic Committee that excludes transgender women athletes from competing at the Olympics, starting with the 2028 Los Angeles Games.

“Policies that single out transgender women and athletes with intersex variations do not protect women’s sports,” Turner wrote. “They manufacture a scapegoat while the real challenges to women’s sports go unaddressed: unequal funding, limited access to training and facilities, pay disparities, male-dominated leadership, gender-based violence and harassment across race, sex, sexual orientation and gender identity.”

On Wednesday, Cunningham said she has nothing against the transgender community but stands by the comments she made in the ESPN article.

“When it comes to just protecting young girls in sport and women in sport, I feel very strongly about that,” Cunningham told reporters. “That’s why you have Title IX. That’s why you have some of the greats in women’s sports. If Title IX and women’s sports weren’t protected, then you wouldn’t hear about any type of women in sport.”

Last year, President Trump signed an executive order, “Keeping Men Out of Women’s Sports,” that looked to ensure that entities receiving federal funding abide by Title IX in alignment with his administration’s view that a person’s sex is the gender they were assigned at birth.

White House press secretary Karoline Leavitt spoke Thursday in support of Cunningham and her opinions on the matter.

“We want to protect women and girls,” Leavitt said, “and the backlash she is receiving from Democrats and left-wing figures across the country is astonishing.”

Indiana Fever guard Sophie Cunningham stands by her comments about transgender athletes competing: She says she just ‘wants to protect’ women’s sports.

Despite her views that were expressed in an ESPN article published Tuesday, Cunningham insisted the next day that she doesn’t have anything against the transgender community.

“I got a lot of negative feedback about me hating trans. And I’m like, ‘I never once said that,’” Cunningham said in the article. “I think that I am here to extend love. But I also think with that love is truth, being honest. And I want to protect young girls in a locker room, or young girls in sport who shouldn’t have to go against biological men.”

The article became fodder for questions Wednesday before the Fever’s 123-88 victory against the Connecticut Sun.

“I think it’s kind of common sense,” Cunningham told reporters. “And I think I’ll always believe in that. I think it’s really important to protect children, and that’s little girls who are also involved in that category. And so I’ll stand on what I said, and I’ll always believe that.”

She reiterated that her feelings on the matter don’t stem from hatred.

“I think there is room for absolutely everyone here, and I think there is room to love everyone,” Cunningham said. “I truly think when you get people in the same room and you have conversations, you actually have a lot in common with a lot of people. And so I’m there to love.

“But I’m also there to love biological women, and I think that there are rights that need to be protected. And, like I said, I’m gonna stand true to that. I’ll never falter in my beliefs in that. But I have never once said that I hated the trans community. Like I said, I think there’s space for everyone.”

Cunningham appeared to triple down on her comments Thursday morning on Instagram, writing simply, “I said what I said.”

The topic of transgender athletes participating in women’s sports has become a polarizing issue in recent years. In February 2025, President Trump signed an executive order, “Keeping Men Out of Women’s Sports,” that looked to ensure that entities receiving federal funding abide by Title IX in alignment with the administration’s view that a person’s sex is the gender they were assigned at birth.

Last month, the Supreme Court upheld laws in West Virginia and Idaho that banned transgender athletes from competing on girls’ sports teams. Days later, two transgender girls who were the first to challenge Trump’s executive order dropped their lawsuit in New Hampshire.

“Men should not be playing in women’s sports. It’s completely ludicrous that anyone could support that,” White House press secretary Karoline Leavitt told reporters Thursday. “It’s even more ludicrous that you do have [Sophie] Cunningham — a female athlete herself, very accomplished in her own right — coming forth and speaking that truth that men shouldn’t play in women’s sports, we want to protect women and girls, and the backlash she is receiving from Democrats and left-wing figures across the country is astonishing.”

The league’s collective bargaining agreement states that “only players who are women are eligible to play in the WNBA,” but does not specifically exclude transgender women. When reached for comment, a WNBA representative referred The Times to a statement released by the Fever on Wednesday.

“Our players are thoughtful adults with their own perspectives and voices, and those views are their own,” the team said. “We are committed to welcoming fans from every background and treating everyone with respect, and that’s what guides us as an organization.”

Cunningham has been called “MAGA Barbie” since her college days at Missouri, according to Complex, because some of the people she follows and engagement with conservatives on social media.

In 2022, when Pennsylvania swimmer Lia Thomas became the first transgender athlete to win an NCAA Division I national championship, Cunningham reposted a since-deleted tweet stating that “female collegiate athletes deserve so much better than this.”

Soon after, Cunningham posted a statement saying that she stands “with all people, especially my fellow athletes.”

“I do not judge, but support all races, religions, sexual preferences and gender equity,” she wrote. “We all have a place in this world to compete and I hope we are able to grant everyone that opportunity fairly.”

Even with a seeming endorsement from the White House and a nickname that’s followed her, Cunningham says her political views are “very much in the middle.”

“I agree with things on both sides, disagree with things on both sides,” she said in the ESPN article. “And that’s all I’ve ever said about my political beliefs. But people love to assume.”

On Wednesday, Cunningham went into more detail, telling reporters “I’m not a very political person.”

“But I do have beliefs, I have morals, and I’ll always stand on those and be true to who I am,” she added. “… And so when it comes to just protecting young girls in sport and women in sport, I feel very strongly about that.

“That’s why you have Title IX. That’s why you have some of the greats in women’s sports. If Title IX and women’s sports weren’t protected, then you wouldn’t hear about any type of women in sport.”