Trump DOJ’s trans athlete lawsuit tossed by federal judge
The ‘Outnumbered’ panel analyzes the Trump DOJ’s legal challenge over biological males on girls’ teams. They also evaluate comments from Gov. Gavin Newsom regarding athletic fairness and discuss Title IX implications for biological female athletes.
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Advocates for girls’ sports vowed to keep fighting after a federal judge dismissed a Department of Justice lawsuit challenging California policies that allow biological male athletes to compete on girls’ school sports teams.
A DOJ spokesperson told Digital the administration remains committed to enforcing President Donald Trump’s policy barring biological males from girls’ sports despite the setback and is considering an appeal.
“We are disappointed by the Court’s order, and remain committed to enforcing President Trump’s agenda preventing boys from playing in girls’ sports,” the spokesperson said. “We are evaluating our options for appeal.”
Sophia Lorey, California Family Council outreach director and a former college soccer player who organized “Save Girls’ Sports” demonstrations in California, told Digital that the ruling did not resolve what she called the central Title IX dispute.
A federal judge dismissed the Justice Department’s lawsuit challenging California policies allowing transgender athletes to compete in girls’ sports. (AP Photo/Jae C. Hong)
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“California should not mistake a courtroom technicality for a victory,” she said. “The judge did not rule that allowing males into girls’ sports is fair, lawful, or consistent with Title IX. This case was dismissed on a technical issue without ever deciding the fundamental question at the heart of this fight.”
The court avoided the underlying debate over biological fairness entirely. Instead, U.S. District Judge Cynthia Valenzuela grounded her decision in administrative funding rules, finding that the federal government failed to give California explicit prior notice before threatening to pull $44 billion in education funds.
The Justice Department sued the California Department of Education (CADOE) and California Interscholastic Federation (CIF) in July 2025, alleging their transgender athlete policies discriminated against female athletes.
“I hope to see this decision appealed, but regardless, this fight is far from over,” Lorey continued. “California lawmakers have the power right now to protect female athletes. A courtroom technicality does not erase biological sex, and it does not make discrimination against girls acceptable. We will not stop until CA girls are protected…California girls are still paying the price, losing medals, opportunities, roster spots, and privacy while state leaders prioritize gender identity over biological reality.”
The Justice Department told Digital it is “evaluating our options for appeal” after the California transgender sports case was dismissed. (Courtesy of Sophia Lorey)
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Sonja Shaw, a candidate for California superintendent of public instruction who has been involved in filing federal civil rights complaints over transgender athlete policies, also sharply criticized the dismissal.
“Parents in California are no strangers to this fight, or to these underhanded tactics. We stood up to Gavin Newsom and the CIF when they decided girls’ sports and girls’ locker rooms were political fodder,” she said. “A Biden-appointed judge just tossed out a case that should have protected female athletes, and she did it after the Supreme Court already ruled that states can keep women’s teams as a safe space for biological females. That is a political choice dressed up as law, and it is the girls who get robbed.”
“This fight is not going away, and neither am I,” Shaw continued. “I am not backing down because an activist judge in a kangaroo court dismissed a case. This is a hill we are willing to die on. We will keep fighting for fairness, safety, privacy and the future of female athletes. California parents have been told ‘no’ before, and we refused to quit then. We’re not quitting now. We will keep standing, we will keep fighting, and we will keep protecting our girls.”
California superintendent candidate Sonja Shaw and California Family Council’s Sophia Lorey criticized the ruling and vowed to keep fighting the state’s transgender athlete policies. (San Francisco Chronicle via Getty)
SUPREME COURT MAKES RULING ON TRANS ATHLETES IN WOMEN’S SPORTS
The California Interscholastic Federation declined to weigh in on the court’s dismissal when reached by Digital on Thursday.
“The CIF does not comment on legal matters,” CIF Director of Media Rebecca Brutlag said.
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The California Department of Education also declined to address the substance of the ruling when reached by Digital on Thursday, citing the ongoing legal proceedings.
“The California Department of Education cannot comment on pending litigation,” a CDE spokesperson said.
The legal fight intensified after transgender Jurupa Valley High School athlete AB Hernandez won girls’ events at California’s state track championships, prompting federal scrutiny and changes by the CIF intended to preserve qualifying and podium positions for biological female athletes.
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Digital reached out to the White House for comment, but did not immediately receive a response.
OutKick’s Alejandro Avila contributed to this report.
