CA superintendent defends transgender athlete inclusion in school sports
California State Superintendent Tony Thurmond is defending the state’s inclusion of transgender athletes in public school sports.
Wednesday, June 4, 2025
SAN FRANCISCO (KGO) — California’s public schools could face legal consequences if transgender student athletes continue competing on teams that align with their gender identity, according to a Monday memo from the U.S. Department of Justice.
A 2013 state law requires schools to allow students to participate on athletic teams that are consistent with their gender identity. But the Trump administration argues that California’s policy violates Title IX and is threatening financial penalties.
The DOJ sent the notice to school districts affiliated with the California Interscholastic Federation (CIF), warning that they may be legally liable due to the CIF’s policy allowing transgender students to participate in school programs and activities, including athletic teams and competitions.
San Francisco’s Harmeet Dhillon – who leads the DOJ’s civil rights division – told California districts on Monday that this policy violates the Equal Protection Clause that prohibits discrimination on the basis of sex.
“Forcing girls to compete against males would deprive them of athletic opportunities and benefits because of their sex,” Dhillon wrote in the letter.
California State Superintendent Tony Thurmond pushed back Tuesday, telling school leaders the DOJ’s threats are unenforceable.
“Let’s be clear: sending a letter does not change the law. The DOJ’s letter to school districts does not announce any new federal law, and state law on this issue has remained unchanged since 2013,” he said in a statement to ABC7 News.
The debate reignited after a transgender high school athlete, AB Hernandez, won first place at the CIF girls’ Track and Field State Championships in Clovis over the weekend. In response, the CIF piloted a new policy last week allowing other girls to qualify and medal if displaced by a transgender competitor.
The high school junior shared first place with her closest competitors because of a new policy put into place earlier this week in response to her success.
Critics say that change doesn’t go far enough.
“I think so long as boys are allowed to compete in girls’ athletics and, and take opportunities away from girls, then Title IX is violated,” said Mark Trammell, CEO of the Center for American Liberty. “And so I see the attempted compromise. But I don’t think it goes far enough.”
According to the governor’s office, fewer than 10 of California’s nearly six million K-12 students are transgender athletes.
Governor Gavin Newsom declined to comment on this issue, though earlier this year he expressed changing views. On his podcast, This is Gavin Newsom, the governor told conservative podcaster Charlie Kirk that he agrees it isn’t fair for transgender athletes to compete in girls’ sports.
San Francisco marathon runner advocates for nonbinary divisions
For athletes like Cal Calamia, a transgender marathon runner and activist, the policy debate has personal stakes.
Calamia said he has mixed views on the CIF pilot policy to allow other athletes to medal if a transgender athlete was the winner.
“I think what I like about this is that the athlete who won is honored as a winner,” he said. “But I also think that an unnecessary amount of scrutiny is going to be on this athlete, because when they’re two people standing on the podium as a result of this rule, it’s sort of draws a lot of unnecessary attention.”
Calamia successfully advocated for the first nonbinary division in the San Francisco marathon and is hoping to keep the conversation positive.
“Trans people want more than to be able to be allowed to do what we want to do,” Calamia said. “We want to be able to excel. We want to be amazing at the things that we love.”