MOORPARK, CALIFORNIA - MAY 24: Transgender athlete AB Hernandez of Jurupa Valley ties for fourth in the girls high jump at 5-4 (1.63m) during the CIF Southern Section Masters Meet at Moorpark High School on May 24, 2025 in Moorpark, California. (Photo by Kirby Lee/Getty Images)
Washington D.C. – The U.S. Department of Justice announced Wednesday it is investigating whether a California law that allows transgender students to compete on sports teams consistent with their gender identity violates federal civil rights protections.
The probe, disclosed in a letter to California Attorney General Rob Bonta and other state education leaders, comes just one day after President Donald Trump took to social media to criticize the law and threaten to withhold federal funding from the state’s public schools.
At the center of the investigation is California’s School Success and Opportunity Act, also known as AB 1266, which permits students to participate in school programs—including athletics—in alignment with their gender identity. The DOJ is examining whether that state policy runs afoul of Title IX, the federal statute that prohibits sex-based discrimination in educational institutions receiving federal funding.
“This investigation is to determine whether California and associated entities are engaging in a pattern or practice of discrimination on the basis of sex,” said a spokesperson for the U.S. Attorney’s Office for the Central District of California.
Alongside the investigation, the DOJ has filed a statement of interest in an ongoing federal lawsuit brought by two high school athletes and a nonprofit group, Save Girls’ Sports, who argue that AB 1266 unfairly disadvantages female athletes. The plaintiffs claim that allowing transgender girls—whom they refer to as “biological males”—to compete in girls’ sports deprives them of athletic opportunities and recognition.
According to the lawsuit, one plaintiff, a varsity cross-country team captain identified as T.S., was removed from competition to make room for a transgender student who had recently transferred schools. That student, the suit alleges, had previously broken a girls’ cross-country record at their former school and had not met all team eligibility requirements. T.S. claims she missed a chance to compete in an important meet and lost out on potential college recruitment exposure as a result.
The Justice Department’s move aligns with a broader national push by the Trump administration to restrict transgender athletes from participating in women’s sports. In its public statements, the DOJ framed its involvement as part of a mission to uphold the original intent of Title IX protections.
However, the investigation touches a nerve in California, a state that has long championed trans-inclusive policies. While officials in Sacramento have not yet responded publicly to the federal probe, civil rights groups and LGBTQ+ advocates are already raising concerns about what they view as politically motivated enforcement actions.
For now, the legal fight will continue in federal court, where plaintiffs are seeking not only changes to California’s sports policies but also relief for what they say is the suppression of student speech. One incident cited in the lawsuit alleges that school officials ordered T.S. and a teammate to stop wearing T-shirts protesting her removal from the team.
The outcome of the DOJ’s investigation—and the larger lawsuit—could set precedent for how far states can go in accommodating transgender athletes without running afoul of federal civil rights law.
