Trump DOJ’s trans athlete lawsuit tossed by federal judge
The ‘Outnumbered’ panel analyzes the Trump DOJ’s legal challenge over biological males on girls’ teams. They also evaluate comments from Gov. Gavin Newsom regarding athletic fairness and discuss Title IX implications for biological female athletes.
A federal judge has dismissed a Department of Justice lawsuit against California, allowing state rules that let biological males compete in girls’ high school sports to remain in place. Following the ruling, Governor Gavin Newsom’s office responded in a statement provided directly to OutKick.
“This ruling makes clear that President Trump cannot rewrite Title IX by fiat,” a spokesperson for Newsom’s office said.
“He cannot weaponize the law against the American people, and California will keep fighting his attempts to do so.”
AB Hernandez stands on the first-place podium alongside a female oppponent at the 2026 California track and field state championships. It was a flashpoint in the history of girls’ sports. (Fox News Digital)
CALIFORNIA GIRLS’ SPORTS ADVOCATES VOW FIGHT AFTER JUDGE TOSSES TRANS ATHLETE CASE: ‘FAR FROM OVER’
U.S. District Judge Cynthia Valenzuela never ruled on whether California’s policy violates Title IX or whether biological males should compete in girls’ sports. She tossed the case Monday, finding that federal officials failed to give California clear notice that maintaining the policy could cost the state roughly $44 billion in federal education funding.
The ruling leaves California’s policy intact for now, while the Justice Department considers 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,” a spokesperson asserted.
The federal suit aimed to use Title IX, the landmark 1972 law created to protect female athletes, to safeguard girls’ sports. But under Gov. Gavin Newsom and state athletic officials, California has maintained a 2013 policy allowing males to compete on girls’ teams.
Newsom has acknowledged on a podcast that fairness is at the heart of the debate over transgender athletes.
Gov. Gavin Newsom speaks on March 26, 2025, in Los Angeles. (Frazer Harrison/WireImage)
The Supreme Court’s recent decision upholding state bans did not create a nationwide mandate, leaving California’s policy in effect.
CALIFORNIA TRANS ATHLETE PODIUM CONTROVERSY IGNITES OUTRAGE AMONG POLITICIANS, ACTIVISTS
California’s policy drew its fiercest backlash in track and field, where Jurupa Valley High School athlete AB Hernandez won four girls’ state titles across two seasons. Hernandez captured back-to-back high jump and triple jump championships and finished third in the long jump, prompting state officials to issue duplicate medals to the girls pushed down the podium. When Hernandez later joined the girls’ varsity volleyball team, the debate moved from competitive fairness to player safety.
First-place winners AB Hernandez, left, and Jillene Wetteland share a light moment before the medal ceremony for the high jump at the California high school track-and-field championships in Clovis, Calif., Saturday, May 31, 2025. (AP Photo/Jae C. Hong)
At least eight teams forfeited against Jurupa Valley, citing fairness and safety concerns over playing against a male competitor.
State officials point to the few trans athletes competing in California. Female athletes and advocates say even one male competitor can displace girls, alter a state championship and affect college or NIL opportunities.
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With the federal case stalled, California remains a major battleground over Title IX and women’s sports.
Send us your thoughts: alejandro.avila@outkick.com / Follow along on X: @alejandroaveela