In the aftermath of a major Supreme Court ruling, the state of California is being granted a respite from a Department of Justice (DOJ) lawsuit that would stop biological males from competing in girls' sports.
Biden-appointed judge Cynthia Valenzuela did not adjudicate the merits of the DOJ's case but instead ruled that the Trump administration did not provide California with explicit prior notice before threatening to pull $44 billion in education funding if it did not comply with its policy.
The ruling clears the way for biological males to keep competing in girls' sports in states like California. The DOJ vows to appeal the ruling.
The Supreme Court decision had left the door open to states' dispute with the Trump administration's initiative to protect girls from biological males in their sports. It nonetheless issued a strong ruling that Title IX refers to biological sex and not gender identity.
In a significant 6-3 decision for colleges, universities, and K-12 schools nationwide, the Supreme Court of the United States held in West Virginia v. B.P.J. and Little v. Hecox that Title IX does not require schools to permit transgender women to compete on women’s sports teams, and that state laws restricting women’s sports participation to biological females do not violate the Equal Protection Clause of the Fourteenth Amendment. In an opinion by Justice Kavanaugh, the Court resolved both cases together and reversed the rulings of the U.S. Courts of Appeals for both the Fourth and Ninth Circuits, and upheld the West Virginia and Idaho laws at issue. [...]
The Court held that the term “sex” in Title IX refers to biological sex as understood at the time of the statute’s enactment and does not encompass gender identity or transgender status. [...]
The Court held that the term “sex” in Title IX, the Javits Amendment, and the implementing regulations “cannot plausibly be interpreted to refer to anything other than biological sex.”
Title IX was enacted in 1972 to guarantee equal opportunities for female athletes. But under Gov. Gavin Newsom, it has been state policy since 2013 to allow biological males who identify as females to compete in girls' sports.
The federal judge's ruling drew condemnation among conservatives on social media.
Another bench activist needing impeachment
— Dr. Lynn Fynn-derella (ret) 🐭 (@Fynnderella1) September 2, 2026
California has a serious torta problem
— Br3_3C (@Br3_3C) September 2, 2026
DEI has destroyed every aspect of our society
Repeating myself… these Biden/Obama appointees aren’t judges. They are anti-American activists that were rammed through by senate democrats often with Kamala Harris.
— Kennady (@JT_Kennady) September 2, 2026
If you’re voting in MN you probably know #Klobuchar voted for every one of them.
— Sandy Carlson-Davis (@sanmaurs) September 2, 2026
After the ruling, a DOJ spokesperson stated, "We are disappointed by the Court’s order and remain committed to enforcing President Trump’s agenda of preventing boys from playing in girls’ sports."
The DOJ has indicated that it will appeal the federal judge's ruling, setting up yet another showdown that may end up in the Supreme Court.