Judge Dismisses DOJ’s Lawsuit Against California’s Policy Allowing Boys in Girls Sports
A federal judge has dismissed the U.S. Department of Justice’s lawsuit challenging California’s policy permitting biological males to compete in girls sports.
U.S. District Judge Cynthia Valenzuela threw out the case against California on Monday, as the DOJ is considering an appeal.
“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 DOJ said after the ruling. A department spokesperson said the DOJ is “evaluating our options for appeal.”
Judge Valenzuela was nominated to the U.S. District Court for the Central District of California by former President Joseph R. Biden in 2024.
The California Interscholastic Federation (CIF) allows students to compete in sports and use locker rooms based on their “gender identity” rather than their sex.
AB Hernandez, a boy who attempts to live as a girl, won two state titles at the California girls track and field championships earlier this year, taking first place in the girls high jump and triple jump, and third place in the girls long jump.
Assistant Attorney General for Civil Rights Harmeet Dhillon filed a complaint in the district court on July 9, 2025, alleging CIF’s policy violates Title IX, which ensures both sexes have an equal opportunity to participate in school athletic programs.
“California’s … discriminatory policies and practices ignore undeniable biological differences between boys and girls, in favor of an amorphous ‘gender identity,’” the lawsuit alleged. “The results of these illegal policies are stark: girls are displaced from podiums, denied awards, and miss out on critical visibility for college scholarships and recognition.”
California’s policy threatens Title IX, the complaint stated, saying, “It erodes the integrity of girls’ sports, diminishes their competitive experience, and undermines the very purpose of Title IX: to provide equal access to education benefits, including interscholastic athletics.”
The DOJ has been attempting to enforce President Trump’s executive order “Keeping Men Out of Women’s Sports,” which he signed in February 2025, directing the secretary of education to “take all appropriate action to affirmatively protect all-female athletic opportunities and all-female locker rooms” and prioritize enforcement against schools that violate the policy.
In April 2025, the U.S. Departments of Justice and Education created a Title IX Special Investigations Team to investigate and prosecute schools, states and athletic conferences that allow boys in girls sports.
The DOJ has also filed lawsuits against Maine and Minnesota for violating Title IX, and the DOJ’s Special Investigations Team has initiated dozens of investigations into school districts for discriminating against girls and women, the Daily Citizen has previously reported.
In this case, you might be wondering why California is still fighting to let boys compete in girls sports after the U.S. Supreme Court ruled earlier this year states can protect girls and women’s sports.
The Court decided in State of West Virginia v. BPJ and Little v. Hecox, in which “transgender”-identified male athletes challenged West Virginia and Idaho laws protecting girls sports, that the 14th Amendment and Title IX permit states to enact such laws.
However, the Court did not decide whether Title IX requires states to do so. The Court could consider that in a future case, perhaps even in this case if it’s eventually appealed to the high Court.
Any appeal filed will next be heard by the U.S. Court of Appeals for the 9th Circuit, which hears appeals from Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
Once widely seen as the most liberal federal appellate court, the 9th Circuit has become increasingly conservative thanks to 10 appointments by President Donald J. Trump in his first term, and an additional appointment in his second term. President Biden nominated eight judges to the 9th Circuit who were confirmed in his single term.
The court now has 13 judges nominated by Republican presidents and 16 judges nominated by Democrat presidents.
After the judge’s decision, Dhillon intimated the agency would imminently file an appeal.
“California judge …,” she wrote on X. “Stay tuned.”
The case is United States of America v. California Interscholastic Federation.
Related articles and resources:
California Will Continue to Allow ‘Transgender’-Identified Male Athletes in Girls Sports
Clarence Thomas: There are Only Two, Unchangeable Sexes
Blockbuster Supreme Court Ruling: Girls Sports Are for Girls
Male Athlete Wins Three Girls California Track and Field Titles — Again
DOJ Lawsuit Describes California Department of Education’s Infuriating Treatment of Girls
Photo from Getty Images.
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