Source: Office of United States Attorneys
RIVERSIDE, California – The Justice Department today sent letters of legal notice to California Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, the California Interscholastic Federation (CIF), and the Jurupa Unified School District, that it is opening an investigation to determine whether Title IX, a landmark federal civil rights law, is being violated by AB 1266, a state law permitting males to participate on female sports teams at state schools.
The investigation is to determine whether California, its senior legal, educational, and athletic organizations, and the school district are engaging in a pattern or practice of discrimination on the basis of sex.
The letters of legal notice were sent at the time the Justice Department filed a statement of interest in federal court in support of a lawsuit filed by and on behalf of girls’ athletes to advance the appropriate interpretation of Title IX to ensure equal educational opportunities and prevent discrimination based on sex in federally funded schools and athletic programs.
The statement of interest is part of a national effort by the President, the Attorney General, and the Justice Department to oppose the deprivation of women and girls of fair athletic opportunities.
“Title IX exists to protect women and girls in education. It is perverse to allow males to compete against girls, invade their private spaces, and take their trophies,” said Harmeet K. Dhillon, Assistant Attorney General for Civil Rights. “This Division will aggressively defend women’s hard-fought rights to equal educational opportunities.”
“The law is clear: Discrimination on the basis of sex is illegal and immoral,” said United States Attorney Bill Essayli. “My office and the rest of the Department of Justice will work tirelessly to protect girls’ sports and stop anyone – public officials included – from violating women’s civil rights.”
According to the allegations in the lawsuit, Save Girls’ Sports, et al. v. Thurmond, et al., AB 1266 – passed by the California State Legislature and codified in the California Education Code – conflicts with Title IX. AB 1266 unlawfully permits males to participate on female sports teams and to use female spaces, resulting in unfair and unsafe environments for women and girls.
The lawsuit alleges that this California statute “is harming hundreds – if not thousands – of female students by removing opportunities for female athletes to be champions in their own sports, robbing them of podium positions and awards, and creating unsafe and intimidating environments in their bathrooms and locker rooms.”
The plaintiffs include K.S., a ninth-grade female cross-country athlete and T.S., an 11th-grade female cross-country athlete and team captain, both of whom attend Martin Luther King High School in Riverside.
T.S. was removed from her position of the girls’ varsity cross-country team to make room for a biological male athlete who did not consistently attend practices and failed to satisfy many of the team’s varsity eligibility requirements. As a result, T.S. missed the opportunity to compete at a high-profile meet, lost the right to compete on the varsity level, and missed the opportunity to compete with elite fellow athletes to be recruited by universities and receive other forms of recognition.
The biological male who replaced T.S. on the girls’ varsity cross-country team recently had transferred from another local high school after breaking that school’s all-time cross-country record for the girls’ cross-country team.
The lawsuit further alleges that the Riverside Unified School District, Martin Luther King High School’s principal, and its assistant principal and athletic director violated the constitutional rights of T.S. and K.S. when it ordered them to stop wearing t-shirts protesting T.S.’s removal from the team.
The plaintiffs are seeking declaratory and injunctive relief related to the defendants’ speech policy and rules governing participating in girls’ sports.
Assistant United States Attorney Richard Park of the Civil Division’s Civil Rights Section is handling this matter.
To learn more about the Civil Rights Division visit www.justice.gov/crt, and to report possible violations of federal civil rights laws go to www.civilrights.justice.gov or call toll-free at (800) 253-3931.