A Court Setback Leaves California Girls Fighting for Fair Competition

Starting blocks positioned in adjacent lanes on an empty red running track.

A federal judge has dismissed the Justice Department's lawsuit challenging California's policy of allowing male students who identify as female to compete in girls' sports. The August 31 decision is a setback for girls who deserve athletic opportunities reserved for female competitors.

The case targeted the California Department of Education and the California Interscholastic Federation. It sought to use federal civil-rights law to challenge a policy that places gender identity ahead of biological sex in school athletics. The dismissal leaves that effort without the relief the government sought from the district court.

Girls' Competition Exists for a Reason

Separate girls' teams give female athletes the opportunity to compete against one another. Their achievements mean something because the competition recognizes the physical differences between the sexes. A girls' race should determine which girl earns the result.

Allowing male competitors into that race changes what the girls must overcome. It also changes who can take the limited places available in a final or on a team. Every participant may work hard, but effort alone does not answer the fairness problem created by opening girls' competition to male athletes.

The Decision Turned on Federal Funding Law

The judge concluded that the conditions attached to federal funding had not clearly notified recipients of the biological-sex rule the Justice Department sought to enforce. That funding-law conclusion was the basis for dismissing the claims, rather than a determination that California's policy produces fair competition for girls.

The immediate result is disappointing. Federal officials brought the case to challenge the state's approach, and the district court dismissed it. Families looking to that lawsuit for protection have been left without the change they sought through this action.

School Seasons Do Not Wait

An athlete has only so many years of school competition. Training leads toward a season, and a season leads toward particular meets or games. The opportunity to earn a place at that moment cannot simply be postponed until a legal dispute is resolved.

That is why girls and their parents are right to press the issue now. A school has a responsibility to the students currently wearing its uniform. Fair opportunity should be part of the competition it offers them from the start, including the chance to earn recognition against other female athletes.

California Chose This Policy

California law allows students to participate in sex-separated school activities consistent with their gender identity. The policy challenged by the Justice Department applies that approach to athletics. The state's leaders have chosen to maintain it, and they are responsible for defending its consequences for girls.

Parents should press school officials to explain why a girl must compete against male athletes to earn a place intended for her. The officials who oversee school sports owe those families a serious answer. Schools can provide opportunities for all students while preserving teams and events for female competitors.

Protect the Opportunities Girls Have Earned

Girls' sports have given generations of students room to develop their abilities and discover how far they can go. Those opportunities belong to the next generation as well. They should not have to be bargained away to accommodate a policy that disregards sex.

The district court's decision makes continued advocacy more important. State lawmakers and school leaders should hear directly from families who expect them to preserve girls' competition for girls. Female athletes deserve to approach their next season knowing those opportunities remain theirs to pursue.

Link to story: https://justthenews.com/sites/default/files/2026-09/gov.uscourts.cacd_.978008.54.0.pdf

Link to story: https://www.justice.gov/crt/case-document/complaint-united-states-v-california-interscholastic-federation-and-california

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A Federal Appeals Court Defends the Right to Say Girls’ Sports Are for Girls