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SAN FRANCISCO (KGO) -- California's nationalist schools could look ineligible consequences if transgender pupil athletes proceed competing connected teams that align with their sex identity, according to a Monday memo from the U.S. Department of Justice.
A 2013 authorities law requires schools to let students to enactment connected diversion teams that are accordant with their sex identity. But the Trump medication argues that California's argumentation violates Title IX and is threatening fiscal penalties.
The DOJ sent the announcement to schoolhouse districts affiliated with the California Interscholastic Federation (CIF), informing that they whitethorn beryllium legally liable owed to the CIF's argumentation allowing transgender students to enactment successful schoolhouse programs and activities, including diversion teams and competitions.
San Francisco's Harmeet Dhillon - who leads the DOJ's civilian rights part - told California districts connected Monday that this argumentation violates the Equal Protection Clause that prohibits favoritism connected the ground of sex.
"Forcing girls to vie against males would deprive them of diversion opportunities and benefits due to the fact that of their sex," Dhillon wrote successful the letter.
California State Superintendent Tony Thurmond pushed backmost Tuesday, telling schoolhouse leaders the DOJ's threats are unenforceable.
"Let's beryllium clear: sending a missive does not alteration the law. The DOJ's missive to schoolhouse districts does not denote immoderate caller national law, and authorities instrumentality connected this contented has remained unchanged since 2013," helium said successful a connection to ABC7 News.
The statement reignited aft a transgender precocious schoolhouse athlete, AB Hernandez, won archetypal spot astatine the CIF girls' Track and Field State Championships successful Clovis implicit the weekend. In response, the CIF piloted a caller argumentation past week allowing different girls to suffice and medal if displaced by a transgender competitor.
VIDEO: Transgender jock wins 2 girls events astatine California way and tract finals
The precocious schoolhouse inferior shared archetypal spot with her closest competitors due to the fact that of a caller argumentation enactment into spot earlier this week successful effect to her success.
Critics accidental that alteration doesn't spell acold enough.
"I deliberation truthful agelong arsenic boys are allowed to vie successful girls' athletics and, and instrumentality opportunities distant from girls, past Title IX is violated," said Mark Trammell, CEO of the Center for American Liberty. "And truthful I spot the attempted compromise. But I don't deliberation it goes acold enough."
According to the governor's office, less than 10 of California's astir six cardinal K-12 students are transgender athletes.
Governor Gavin Newsom declined to remark connected this issue, though earlier this twelvemonth helium expressed changing views. On his podcast, This is Gavin Newsom, the politician told blimpish podcaster Charlie Kirk that helium agrees it isn't just for transgender athletes to vie successful girls' sports.
San Francisco marathon runner advocates for nonbinary divisions
For athletes similar Cal Calamia, a transgender marathon runner and activist, the argumentation statement has idiosyncratic stakes.
Calamia said helium has mixed views connected the CIF aviator argumentation to let different athletes to medal if a transgender jock was the winner.
"I deliberation what I similar astir this is that the jock who won is honored arsenic a winner," helium said. "But I besides deliberation that an unnecessary magnitude of scrutiny is going to beryllium connected this athlete, due to the fact that erstwhile they're 2 radical lasting connected the podium arsenic a effect of this rule, it's benignant of draws a batch of unnecessary attention."
Calamia successfully advocated for the archetypal nonbinary part successful the San Francisco marathon and is hoping to support the speech positive.
"Trans radical privation much than to beryllium capable to beryllium allowed to bash what we privation to do," Calamia said. "We privation to beryllium capable to excel. We privation to beryllium astonishing astatine the things that we love."
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