The Justice Department is suing California’s Department of Education and the California Interscholastic Federation, which oversees the state’s high school sports, for declining to comply with the Trump administration’s demands to ban transgender athletes from participating in women’s and girls’ sports. The suit, filed Wednesday in the Central District of California, comes days after the California agencies refused to amend their policies on the matter and escalates the White House’s ongoing feud with the state over the issue. President Donald Trump’s campaign promise to ban transgender athletes from participating in sports that align with their gender identity has already led to a similar federal lawsuit filed against Maine this year and a standoff with Minnesota.

Secretary of Education Linda McMahon said in a video posted online that the suit comes after “several weeks” of attempts by the federal government to notify the state that it was in violation of Title IX, which prohibits sex-based discrimination in federally funded education programs.

Advertisement

“We informed them that if they did not change, that we were going to refer these cases to the Department of Justice, and we have done exactly that,” McMahon said in the video alongside U.S. Attorney General Pam Bondi.

Bondi added that the administration has “made it very clear: Only women in women’s sports under Title IX.”

“We have sued Maine. We’re in litigation with Minnesota. We’ve sent multiple letters, and if you do not comply, you’re next,” Bondi said.

The California Department of Education and the California Interscholastic Federation said Wednesday they cannot comment on pending litigation. In previous communications, the California officials said they respectfully disagree with federal authorities’ interpretation of Title IX.

The office of Gov. Gavin Newsom (D) said in a statement that the California agencies are following a long-standing state statute called the School Success and Opportunity Act, which was signed in 2013 by then-Gov. Jerry Brown (D) and allows students to participate in sports programs that are consistent with their gender identity.

Advertisement

“No court has adopted the interpretation of Title IX advanced by the federal government, and neither the governor, nor they, get to wave a magic wand and override it,” Newsom’s office said. “Unlike Donald Trump, California follows the law. At a time when the Trump administration is withholding billions in funds for education, this ongoing attack is a cynical attempt to distract from the Trump administration’s defunding of nearly 3 million girls enrolled in California’s public school.”

Last week, the Trump administration withheld nearly $7 billion in funding that would support after-school programs, English-language learning, adult education and other initiatives after the Office of Management and Budget said it needed to investigate whether the money would contribute to a “radical leftwing agenda.”

The Trump administration’s lawsuit argues that California’s policies, which allow athletes to compete on teams that match their gender identity, discriminate against women and girls and endanger their safety. The complaint references five situations in which a transgender athlete, competing on a girls team, outperformed peers or aided their team’s win.

Advertisement

The suit asks the court to prohibit transgender athletes to participate in sports teams designated for girls and women, and to require a “monitoring and enforcement system to ensure compliance with” Title IX. It also seeks “to compensate female athletes who have been denied equal athletic opportunities.”

Trump signed an executive order in February banning trans athletes from women’s and girls’ sports and denying federal funding to schools that allow them to participate. Wednesday’s lawsuit is the latest in the administration’s crackdown against Democratic-led states that refuse to comply.

Bondi had previously sent letters to California, Maine and Minnesota warning that they would face legal action if they did not obey federal law and Trump’s February order on trans athletes.

The Justice Department has since sued Maine, and the state has been subjected to unusual and overlapping efforts to withdraw federal funding from a range of programs. Shortly after, Minnesota preemptively sued the Trump administration, calling Trump’s executive order unconstitutional.

Advertisement