CLOVIS, Calif. — California’s public schools have until Monday to respond to the U.S. Department of Justice over a policy that allows transgender athletes to compete with the gender they identify with.
But the California Department of Education is assuring schools that, despite the federal government’s pressure in a letter asking schools to not enforce or follow that policy, state law protects students’ rights to participate in teams consistent with their gender identity.
“The DOJ assertions are not in themselves law, and the letter by itself cannot be an enforcement mechanism,” Tony Thurmond, the California State Superintendent of Schools, said in a letter of his own to schools this week.
Thurmond said the department is reviewing the DOJ’s requests and will respond on behalf of all school districts in the state by the deadline.
The DOJ sent a letter to all public school districts and leaders of the California Interscholastic Federation, which governs high school sports, earlier this week. It asked school districts to state in writing that they will not follow the transgender athlete inclusion policy set by the California Interscholastic Federation which the DOJ claims is unconstitutional.
“Such a policy would deprive girls of athletic opportunities and benefits based solely on their biological sex, in violation of the Equal Protection Clause,” the letter sent by Assistant Attorney General Harmeet K. Dhillon reads.
School districts in the San Joaquin Valley appeared to be letting the state take up this issue with the federal government directly. Reporters reached out to seven public school districts in the Valley to understand how the districts would respond to the DOJ. Officials for at least three major school districts referred KVPR to the state’s letter to schools.
Meanwhile, while officials with Fresno Unified School District and Clovis Unified School District said they did not receive the DOJ letter directly, they took a similar stance as the state.
“The [California Department of Education] affirms that [local educational agencies] are in compliance with both state and federal law so no policy changes expected at the moment,” Ramirez Diaz, from Fresno Unified, told KVPR in an email.
Officials with Merced Union High School also said the district is following state law and education codes.
Fallout from state track and field meet
The letter demanding California public high schools end the transgender athlete policy was the latest step by the federal government in its quest to force states to end participation of transgender females in girls’ sports.
It came days after a transgender female athlete from the Inland Empire competed and won three medals in the 2025 CIF Track and Field Championships held in Clovis.
The championships drew protesters, as well as threats of federal funding cuts by the Trump Administration, before the competitions. The DOJ also previously launched an investigation into California to determine whether the state was violating the Title IX law, which prohibits gender discrimination.
The DOJ is zeroing in on a state law passed in 2013 that allows students who meet certain requirements to compete on sports teams that reflect their gender identity, rather than their biological sex.
California isn’t the only state facing criticism from the federal government over this issue. States like Maine and Connecticut have also faced calls to ban transgender females from girls’ sports.
AB Hernandez, a junior from Jurupa Valley High School in Riverside County, is at the center of the case in California. She is the first known transgender female athlete to compete in the California track and field finals. She took home first place in the high jump and triple jump and second place in the long jump.
In the face of questions over fairness for girls, the CIF updated its rules to have a transgender student share a place medal and the podium along with a cisgender girl who she beats. That’s precisely what Hernandez did at the state track and field finals.
She, along with her competitors, smiled and held up their medals as they stood on the podiums.
Tension arises among Clovis city officials
But the display of sportsmanship among the athletes wasn’t shared by those who criticized Hernandez, the CIF, and the state for allowing the games to continue with a transgender athlete in the first place.
Local officials in Fresno County spoke out about Hernandez’s participation at the CIF event in a press conference before the championships. The press conference included elected officials from the county, city of Clovis and Clovis Unified School District.
Officials spoke about this issue being one about fairness and inclusion for girls in sports.
But some also misgendered Hernandez in their remarks, referring to Hernandez as “he” and “him,” despite her public transgender identity. The press conference preceded in-person protests the following two days during the championship qualifying events and finals.
The issue among public officials hasn’t yet fully faded, either.
At the Clovis city council meeting after the events, council member Lynne Ashbeck this week addressed the controversy and the role some of her fellow council colleagues played in it.
She criticized the press conference that was held at the Veterans Memorial Building in downtown Clovis, and said the participation of her council colleagues hurt the city’s reputation of being a “safe community.”
Among those who made media appearances were Clovis council members Diane Pearce, Vong Mouanoutoua, and Drew Bessinger.
“This is a serious issue and no serious issue has ever been solved through social media or a press conference,” Ashbeck said, adding that she was also dissatisfied with the way her council colleagues characterized the underage student.
“While it is one thing to pick a fight with an adult, it is quite another to take on a minor by name,” Ashbeck said. “That is what is unfair and what is exactly what we did in this community.”
Ashbeck said the city of Clovis spent $21,000 in overtime costs to provide extra security for the CIF track and field championships. That included paying for police officers to monitor the event. However, the protests that were anticipated at the games never grew to a large size despite the outcry from politicians and online.
A small airplane flew over the games at one point with a large banner against transgender females taking part in girls’ sports. And one person was arrested after a physical altercation with another person during the protest. But aside from those incidents, the games went on as scheduled.
But now, Ashbeck has also raised concern that the ordeal – and Clovis officials’ role in it – could cost the city a bid to continue hosting the CIF championships. She said the bid is up for renewal next school year, and it’s worth $6 million, according to Ashbeck.
Clovis council member Pearce, who has been a vocal opponent of transgender females in girls’ sports, said her participation in the public protests against Hernandez was done in order to speak out for others who share her concerns.
“I stepped up to the plate to be an elected official, to be a representative of the people and that is what I am doing,” she said.
