The Trump administration has sued California for allowing transgender athletes to play on the sports teams of their choice.
The suit against California's Department of Education and its interscholastic federation alleges that the state is violating Title IX, a 1972 law that bans discrimination based on sex in education programs and activities that receive federal funding.
"This discrimination is not only illegal and unfair but also demeaning, signaling to girls that their opportunities and achievements are secondary to accommodating boys," the lawsuit states.
California's Sex Equity in Education Act prohibits California public schools from blocking transgender students from participating on the teams of their choice.
The law states, "A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records."
The federal lawsuit, however, asserts that physical differences trump gender identity: "The inherent physiological differences between the two sexes generally make them not similarly situated in athletics. These physiological differences exist regardless of a person's subjective 'gender identity.'"
The lawsuit comes after California rebuffed the administration on the issue. Len Garfinkel, general counsel for the California Department of Education, told the administration Monday that it "respectfully disagrees" that the state had violated Title IX, according to the New York Times.
The newspaper reported that California has allowed athletes to choose the teams they compete on based on gender identities since 2013.
According to the Times, more than 20 states now have similar policies. The newspaper reported that California Gov. Gavin Newsome estimated that out of 5.8 million K-12 students, fewer than 10 were trans students participating in athletics.
