The Trump administration sued California’s Department of Education on Wednesday over the state’s policy allowing transgender athletes to compete in girls’ sports, repeating a threat to withhold billions of dollars in school funding.
The lawsuit, filed in the Central District of California, alleges that California’s transgender athlete law violates Title IX, the federal civil rights law that bans sex-based discrimination. It cites Gov. Gavin Newsom’s comment earlier this year that it was “deeply unfair” for transgender athletes to compete in girls sports.
“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,” Attorney General Pamela Bondi said in a statement. “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.”
A spokesperson for Newsom said that both the state’s Department of Education and CIF are independent from his administration and are following state law. Newsom is not named as a party in the suit.
“No court has adopted the interpretation of Title IX that is being advanced by the federal government, and neither the Governor, nor they, get to wave a magic wand and override it — unlike Donald Trump, California follows the law,” spokesperson Izzy Gardon said in a statement.
The lawsuit is the latest escalation in a clash between California and the Trump administration over transgender athletes. The state has so far rebuffed federal efforts to restrict transgender athletes’ participation in sports, also arguing last month that local school districts had already certified that their programs and services comply with federal law.
It also comes after state officials on Monday refused to agree to a proposal by the administration to change its policies, prompting Education Secretary Linda McMahon to warn the state that it would soon be hearing from Bondi.
The suit seeks “declaratory, injunctive, and damages relief” and notes that the U.S. Department of Education has allocated $44.3 billion this fiscal year to the state’s education agency, of which $3.8 billion has yet to be distributed. It contends that funding recipients “must comply” with federal policy regardless of state law. The lawsuit also names the California Interscholastic Federation, which oversees high school athletics.
A spokesperson for California’s Department of Education declined to comment, citing pending litigation. Assembly Education Committee Chair Al Muratsuchi told POLITICO in response to the lawsuit that the state will work to defend its right to federal funding.
“California is going to stand up to support and defend all of our students, regardless of their gender identity,” Muratsuchi said. “Youth sports should continue to be open to all students, and the number of transgender athletes in girls sports is such a minuscule number that the Trump administration should stop using this as a wedge issue and focus on supporting all kids.”
Attorney General Rob Bonta also sued the federal Justice Department last month over its demand that the state ban transgender athletes from participating in girls sports.
Trump threatened to pull federal funding from the state after a transgender athlete won two events at a track and field championships in May, and the administration has been considering pulling federal education funding for California for weeks.
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