The U.S. Department of Education’s Office for Civil Rights announced Wednesday that it is investigating California’s governing body for interscholastic high school sports because it plans to violate an executive order signed last week by President Trump that declared transgender athletes ineligible to play girls sports.
The investigation into the California Interscholastic Federation (CIF) and the Minnesota State High School League comes after both groups said they would continue to abide by state laws regarding transgender athletes in high school sports. Both organizations are being investigated for possible violations of Title IX.
The CIF State office has held that its policy on transgender, cisgender and nonbinary athletics participation follows California state law.
CIF By-Law 300 D. reads: “Gender Identity Participation Participation in interscholastic athletics is a valuable part of the educational experience for all students. All students should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student’s records.”
The Department of Education’s Office for Civil Rights (OCR) announced Wednesday that the two organizations “must abide by federal law” or could face sanctions, including possibly losing federal funding.
“OCR’s Chicago and San Francisco regional offices will conduct directed investigations into both organizations,” acting assistant secretary for Civil Rights Craig Trainor said in a statement, “to ensure that female athletes in these states are treated with the dignity, respect, and equality that the Trump Administration demands.”
President Trump signed an Executive Order – “Keeping Men Out of Women’s Sports” – on Feb. 5 that states that “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities,” and to take “all appropriate action to affirmatively protect all-female athletic opportunities and all-female locker rooms and thereby provide the equal opportunity guaranteed by Title IX of the Education Amendments Act of 1972.”
The executive order required a 60-day window for athletic associations “to convene and take action implementing the order.”
Asked for comment on the investigation, CIF State spokesperson Rebecca Brutlag said in an email: “While the CIF has been notified of the investigation, we do not comment on pending investigations.”
Before the Trump Administration announced the investigation, Brutlag told The Sacramento Bee: “The CIF provides students with the opportunity to belong, connect, and compete in education-based experiences in compliance with California law … which permits students to participate in school programs and activities, including athletic teams and competitions, consistent with the student’s gender identity, irrespective of the gender listed on the student’s records.”
The CIF State website includes a “Gender Diverse Youth Sport Inclusivity Toolkit” with the subtitle “A resource guide for inclusive transgender and nonbinary youth sport best practices.” The toolkit’s stated goal is to help “administrators, coaches and parents understand California’s history of inclusive sport practices and current national dialogue around transgender youth and athletics.”
This past fall the girls volleyball team at Stone Ridge Christian of Merced forfeited its CIF Northern California Regional Division VI semifinal match to Waldorf of San Francisco because Stone Ridge Christian believed Waldorf had a transgender player.