California has 10 days to ban transgender athletes or lose federal funds

The Trump administration announced Wednesday that its investigation found that California's Department of Education and the California Interscholastic Federation violated civil rights law by allowing transgender athletes to participate in girls' sports teams.

California state law allows the participation of transgender students in athletic teams, and a state high school track and field tournament this year created new policies that allowed both transgender and non-trans athletes to receive top finisher awards.

Schools must strip trans athletes of titles

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The U.S. Department of Education statement says California must notify all schools to ban transgender athletes and strip transgender athletes from all records, titles and awards. The announcement also orders California to present awards, titles, records, and letters of apology to athletes who lost to transgender athletes in competition.

The California Interscholastic Federation said in a brief statement, "The CIF does not comment on legal matters." 

"The California Department of Education believes all students should have the opportunity to learn and play at school, and we have consistently applied existing law in support of students’ rights to do so," Liz Sanders, Director of Communications at the California Department of Education said. 

"This is really relying on the President's executive order...and interpretation of Title IX," Elana Redfield, federal policy director at the UCLA School of Law Williams Institute.

Redfield says California has an estimated 49,000 trans youth, ages 13 to 17.

Governor Newsom's office pointed to data showing that California is one of 22 states with laws requiring transgender students to be allowed to participate in sports.

"States like Maine, California and Minnesota have interpreted their own state laws to protect against discrimination on the basis of gender identity and sports, and so that creates a conflict. Now, the administration is asserting, the federal administration is asserting, that federal interpretation would preempt the state interpretations, but that's not actually a clear established law," Redfield said.

California Attorney General Rob Bonta's office replied Wednesday with a statement: "We are reviewing the proposed resolution and closely monitoring the Trump Administration's actions in this space. Our office remains committed to defending California laws and the rights of all students to inclusive education environments and school athletic programs."

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