As our readers are well aware, President Trump warned California schools last week that they should not allow boys (and one boy in particular) to compete in the girls division at the state track and field championships over the weekend, and that the state could lose federal funding to its schools if this warning wasn't heeded. That boy, AB Hernandez, still competed, and won titles in a couple of events.
Though the California Interscholastic Federation (CIF), the state's high school sports governing board, amended its Bylaw 300.D (which mandates that boys who identify as girls be allowed to compete as a girl) for this meet through a "pilot program" and allowed girls to basically be co-champion with Hernandez, that doesn't address the problem. If their rules are unconstitutional and violate federal law, they're unconstitutional and violate federal law regardless of what tweaks the CIF might make.
In the past, there have been no consequences to CIF or its member schools for violating federal law, but it's a new day at the Department of Justice's Civil Rights Division. Assistant Attorney General for Civil Rights Harmeet Dhillon sent a letter Monday not to CIF, but to the state's public school districts. (She cc'd CIF officials, though.) More than simply a strongly-worded letter (which we're all sick of), this letter has some teeth. In it, Dhillon informed the districts that by complying with CIF Bylaw 300.D they're in violation of federal law, and that they have until 5 PM on June 9, 2025, to certify in writing that they will not implement that bylaw - or they will face legal liability.
Dhillon wrote:
Scientific evidence shows that upsetting the historical status quo and forcing girls to compete against males would deprive them of athletic opportunities and benefits because of their sex. Therefore, you cannot implement a policy allowing males to compete alongside girls, because such a policy would deprive girls of athletic opportunities and benefits based solely on their biological sex, in violation of the Equal Protection Clause.
As a political subdivision, you have an obligation to comply with the Equal Protection Clause. To ensure compliance and avoid legal liability, you must certify in writing by 5:00 p.m. ET on .June 9, 2025, that you will not implement CIF Bylaw 300.D.
Many of these school districts maintain that they're complying with Title IX of the Civil Rights Act - under the Biden administration definition - and therefore they can't be punished. So, it's a smart strategy for Dhillon to instead rely on the Equal Protection Clause of the 14th Amendment in this demand letter.
In addition, by setting a firm one-week deadline for a written pledge of compliance with federal law and the U.S. Constitution instead of the conflicting state law (seriously, these people don't understand how government works), Dhillon is giving adequate time for districts to respond and for the implementation of consequences.
I don't expect many of these school districts to comply without a fight. If it comes down to it, they'll comply so they won't lose federal funds. But they'll fight it all the way, and will put Gov. Gavin Newsom in a tight spot: Will he champion the cause and further harm his presidential chances?
Editor's Note: The mainstream media continues to deflect, gaslight, spin, and lie.
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