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Concealed Republican > Blog > Politics > Gavin Newsom Fires Back at Trump After Judge Tosses DOJ Trans Athlete Lawsuit
Politics

Gavin Newsom Fires Back at Trump After Judge Tosses DOJ Trans Athlete Lawsuit

Jim Taft
Last updated: September 4, 2026 5:24 pm
By Jim Taft 6 Min Read
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Gavin Newsom Fires Back at Trump After Judge Tosses DOJ Trans Athlete Lawsuit
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California Gov. Gavin Newsom’s office responded to the Trump administration after a federal judge dismissed the Justice Department’s lawsuit challenging California policies allowing transgender athletes to compete in girls’ high school sports, as reported by Fox News.

U.S. District Judge Cynthia Valenzuela dismissed the case Monday. The judge did not rule on whether California’s policy violates Title IX or whether transgender athletes should be permitted to compete in girls’ sports.

Instead, Valenzuela found that federal officials had not provided California with sufficient advance notice that maintaining its policy could put approximately $44 billion in federal education funding at risk.

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The decision leaves California’s existing policy in place for now while the Justice Department considers whether to appeal.

Newsom’s office responded directly to OutKick following the ruling.

“This ruling makes clear that President Trump cannot rewrite Title IX by fiat,” a spokesperson for Newsom’s office said.

“He cannot weaponize the law against the American people, and California will keep fighting his attempts to do so.”

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The Justice Department, meanwhile, said the administration remains committed to President Donald Trump’s policy regarding girls’ sports.

“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,” a Justice Department spokesperson said.

Gavin Newsom’s office has addressed the dismissal of the DOJ lawsuit to challenge California’s policies that allows males in girls sports.

“This ruling makes clear that President Trump cannot rewrite Title IX by fiat. He cannot weaponize the law against the American people, and…

— Jackson Thompson (@JackThompsonFOX) September 4, 2026

The department is evaluating its options for an appeal.

The lawsuit centered on Title IX, the federal law enacted in 1972 to prohibit sex-based discrimination in federally funded education programs.

The Justice Department argued that California’s policies conflicted with Title IX by allowing transgender athletes to participate on girls’ teams.

Valenzuela did not reach that underlying legal question. Her ruling instead focused on whether California had received clear notice that its policies could jeopardize federal education funding.

Another report on the decision noted that the judge concluded the federal government had not supplied the necessary clarity concerning such a funding condition.

California has maintained a policy allowing transgender students to participate in school sports consistent with their gender identity since 2013.

The dispute has received particular attention because of the participation of Jurupa Valley High School athlete AB Hernandez in California track and field.

Hernandez won four girls’ state titles over two seasons, including back-to-back championships in the high jump and triple jump. Hernandez also finished third in the long jump.

The results became a major point of contention over California’s approach to girls’ sports. State officials issued duplicate medals to female athletes whose podium positions were affected by Hernandez’s finishes.

The controversy later extended beyond track and field after Hernandez joined the girls’ varsity volleyball team.

At least eight teams forfeited games against Jurupa Valley, citing concerns about competitive fairness and safety, according to the supplied report.

The California Interscholastic Federation subsequently modified its rules for transgender competitors.

Under those rules, transgender athletes can compete, but their qualifying for events cannot take a spot away from another competitor, and podium placements are shared with the next-best female athlete.

The legal battle comes as the Supreme Court has recently addressed state authority over participation in girls’ and women’s sports.

Image Credit: Shutterstock – Ruslan Shevchenko, Canva

That ruling upheld state restrictions in the cases before the court but did not establish a nationwide requirement that every state adopt the same eligibility policy.

The Justice Department had sought to use Title IX to challenge California’s policy and protect what the administration described as girls’ sports.

The lawsuit targeted the California Department of Education and the California Interscholastic Federation.

California officials defended the state’s policy in court, arguing that Title IX does not require schools to exclude transgender athletes from girls’ sports.

Valenzuela ultimately dismissed the federal case without resolving that broader dispute.

The ruling therefore does not settle the national argument over transgender participation in women’s and girls’ athletics. Instead, it leaves California’s policy intact while the Justice Department weighs its next legal move.

The case is part of the broader Trump administration effort to challenge transgender policies across the country, including policies involving athletics.

For California, the dispute is likely to continue as federal officials consider an appeal and advocates on both sides remain engaged in the fight over how Title IX should apply to school sports.

With the federal lawsuit dismissed, California’s existing rules remain in effect for now.

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