Justice Strikes Back: California's Unconstitutional and Unfair Sports Rules Feel the Heat

Asst. U.S. Attorney General Dhillon Sends Warning Letter to 1,600+ California School Districts

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The United States Department of Justice's decisive move to challenge California's policies on biological male athletes participating in competitive women’s sports is an important step for fairness and equality. On Monday, Assistant Attorney General Harmeet Dhillon, head of the DOJ’s Civil Rights Division, wrote to California school districts, instructing them to cease adhering to CIF Bylaw 300.D, which permits athletes to compete based on their chosen gender identity rather than their biological sex. This policy, predicated upon a flawed 2013 state law, constitutes a violation of the Equal Protection Clause for excluding girls from athletic opportunities, and the DOJ is correct to say as much. Meanwhile, Governor Gavin Newsom and the CIF have doubled down on this injustice, to the detriment of our daughters, in the interest of political grandstanding.

The DOJ letter points out a fundamental reality: allowing biological males to compete in girls' athletics undermines the benefits and opportunities girls receive. Scientific evidence, Dhillon notes, demonstrates that biological males naturally possess physical advantages over biological females. The CIF State Track and Field Championships last weekend featured a biological male, AB Hernandez, who won gold in the girls' triple jump and high jump and silver in the long jump. Even though a last-minute CIF compromise awarded actual biological girls medals as well, that does not erase the reality that girls are being displaced from their own spaces and that Hernandez was up on the winner’s platform. The DOJ has established a June 9^th deadline for districts to verify compliance with federal law, which is a step in the right direction to restore fairness.

Assistant Attorney General Harmeet Dhillon deserves great praise for her leadership on this and many issues. A proud Californian, Dhillon has spent decades as a vocal advocate for civil rights, often taking on powerful institutions to protect the vulnerable. Her relentless pursuit of justice has marked her legal career, whether she's defending free speech or challenging discriminatory policies. A pioneer in her position—the first Indian American woman to hold her office—Dhillon is bringing principled leadership and chutzpah to the Department of Justice and, in the process, proving herself a patriot who serves justice ahead of ideology. Her letter to California public school districts is a testament to her determination to save girls' sports. (read my So Does It Matter profile on Dhillon here.)

The response of Governor Gavin Newsom has been the reverse. His office evaded questions about the DOJ's letter without accountability while California's girls continue to suffer. Newsom has been terrible on this issue but has been trying to use it for his political benefit. His argument in favor of CIF Bylaw 300.D is about appearances, not equity. The CIF and State Superintendent of Public Instruction, Tony Thurmond, who is a wholly owned subsidiary of the ultra-left-wing California Teachers Association, cling to a misguided rule that ignores biology and fairness despite accumulating evidence of the harm it inflicts. Thurmond's statement that the DOJ's letter "doesn't change the law" overlooks the fact that the law itself is unfair and unconstitutional.

Girls who compete in sports deserve more. This week’s DOJ action is a historic and essential step for fairness in the spirit of Title IX. It is time for Newsom and the CIF to stop playing politics with our daughters' lives and start fighting for their right to compete on a level playing field.