Jul 9
AG Bonta commits to defend California in trans athlete federal lawsuit
John Ferrannini READ TIME: 5 MIN.
The office of California Attorney General Rob Bonta is responding to the Trump administration’s lawsuit filed Wednesday accusing the Golden State of violating federal civil rights laws by allowing trans women and girls to participate in female sports. The lawsuit was filed in federal court in Los Angeles by U.S. Attorney General Pam Bondi.
“Based upon today’s reporting, we are aware of the Trump administration's lawsuit challenging California law,” an AG spokesperson stated in a July 9 email. “Our office remains committed to defending and upholding California laws and the rights of all students, including transgender students, to be free from discrimination and harassment.”
The lawsuit against the California Department of Education and the California Interscholastic Federation, which oversees high school sports competitions, came two days after the state education department and CIF stated they would not comply with the federal Department of Education’s Office of Civil Rights’ order to change their trans inclusion policies within 10 days. The federal directive also ordered California to apologize to athletes who lost to trans female competitors.
The federal government earlier this year sent a letter to three states – Maine, California, and Minnesota – demanding a change after President Donald Trump sparred with Maine Governor Janet T. Mills (D) on the issue February 20 while he was meeting with governors. The president told her she needed to comply with his executive order on trans athletes or he'd withhold education funding to the Pine Tree State.
Mills said she would comply with state and federal law.
"We are the federal law," Trump shot back. "You'd better do it. You'd better do it, because you're not going to get any federal funding at all if you don't."
"See you in court," Mills responded.
She later stated, "If the president attempts to unilaterally deprive Maine school children of the benefit of federal funding, my administration and the attorney general will take all appropriate and necessary legal action to restore that funding and the academic opportunity it provides. The State of Maine will not be intimidated by the president's threats."
Maine was the first state to be sued, as the B.A.R. reported. Conservative advocacy group Female Athletes United sued Minnesota, but the federal government has not.
The California lawsuit lists five trans female athletes who competed in various high school sports events dating back to 2021. No names are listed and all are accused of "displacement of girl athletes” in the suit. One of the students is likely AB Hernandez, who shared first place in two track events under a new CIF policy that was unveiled shortly before the late May championships in Clovis, California. The lawsuit refers to the Jurupa Unified School District for “Student 1” and Hernandez attends Jurupa High School, as media outlets have reported. All of the students are misgendered in the federal lawsuit.
Newsom remarks noted in CA suit
The beginning of the federal suit against California quotes Governor Gavin Newsom (D), who earlier this year on his podcast concurred with remarks by conservative influencer Charlie Kirk about trans inclusion in school sports amid some Democratic officials’ desire to distance themselves from trans causes in the aftermath of the 2024 election. A 2025 NBC News Decision Desk-Survey Monkey poll showed 75% of Americans oppose transgender women participating in female sports.
“These discriminatory policies and practices ignore undeniable biological differences between boys and girls, in favor of an amorphous ‘gender identity.’ 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,” the federal complaint states. “In the words of the Governor of California, it is ‘deeply unfair’ for girls to compete against boys. This discrimination is not only illegal and unfair but also demeaning, signaling to girls that their opportunities and achievements are secondary to accommodating boys.”
In his discussion with Kirk, Newsom blamed California's policy requiring trans female student athletes to be allowed to play on women's sports teams to a bill signed by his predecessor, former governor Jerry Brown. He also said he was “completely aligned” with Kirk on the matter.
CIF Director Ronald Nocetti’s letter to California state Superintendent of Schools Tony Thurmond is cited in the complaint, in which Nocetti said Newsom’s remarks “increased the level of confusion” whether trans female athletes should play on women’s and girls’ teams.
A Newsom spokesperson reiterated on background that the governor is not named in the suit, and referred comment to the state education department. The gubernatorial spokesperson reiterated that the state is following the law signed by Brown.
The spokesperson continued that Newsom’s personal opinion is that he will follow the laws of the state of California protecting trans inclusion in women and girls’ sports, which Newsom does not believe are in conflict with federal civil rights laws. The spokesperson also stated that Trump ignores laws, and that his administration is defunding education for 3 million California public school girls.
The education department declined to comment for this report because the matter is pending litigation.
Bondi also referenced Newsom’s remarks in a news release announcing the lawsuit.
“The Governor of California has previously admitted that it is ‘deeply unfair’ to force women and girls to compete with men and boys in competitive sports,” Bondi stated. “But not only is it ‘deeply unfair,’ it is also illegal under federal law. This Department of Justice will continue its fight to protect equal opportunities for women and girls in sports.”
‘Not about fairness in sports,’ EQCA says
Equality California, the statewide LGBTQ rights organization, was critical of the lawsuit.
EQCA Executive Director Tony Hoang, a gay man, called the suit a “cruel and baseless political stunt.”
“Transgender youth are not a threat, but they continue to be targeted by the Trump administration in a coordinated campaign of hate and misinformation,” Hoang continued. “This is not about fairness in sports – it is about erasing trans people from public life. But California won’t back down. We’re proud to live in a state that upholds the dignity, safety, and rights of all students.”
The federal complaint is based on Title IX, the 1972 civil rights law that prohibits discrimination based on sex in federally-funded education programs. The Biden administration was in the process of applying Title IX to protect transgender student athletes’ participation in sports aligning with their gender identities, but quietly withdrew this after the 2024 election.
The federal suit also comes on the heels of the University of Pennsylvania agreeing to Trump administration demands to vacate the records of swimmer Lia Thomas, first transgender woman to win a NCAA Division I national championship, who became a flashpoint on the matter during the Biden years.
Republican former assemblymember Bill Essayli, now the interim U.S. attorney for the Central District of California (Los Angeles), and Harmeet K. Dhillon, a former San Francisco Republican Party chair turned assistant U.S. attorney general, are listed among the government’s lawyers.
“Title IX was enacted over half a century ago to protect women and girls from discrimination. The Justice Department will not stand for policies that deprive girls of their hard-earned athletic trophies and ignore their safety on the field and in private spaces,” stated Dhillon in a news release. “Young women should not have to sacrifice their rights to compete for scholarships, opportunities, and awards on the altar of woke gender ideology.”
Essayli, who attempted to pass anti-trans laws while in the Legislature, said the state must comply with Title IX.
“California is on the wrong side of the law and the wrong side of history,” Essayli stated. “Women deserve dignity, respect, and an equal opportunity to compete on their own sports teams. The time for talk is over. California must comply with Title IX and end its civil rights violations against women. No person, no state, is above the law.”