Battle Over Trans Student-Athletes Roils California High School Sports

MURRIETA, CA — The families of two Riverside Unified School District female teen student-athletes are suing the district over allegations of free speech censorship as well as discrimination under Title IX.

At the center of the case is the ongoing battle over trans student-athletes.

In the complaint filed November 20 in Riverside County, the plaintiffs allege one of the girls — identified in court papers as "T.S.," an 11th grader — was ousted from her top position on the varsity cross-country team at Martin Luther King High School to make room for a transgender athlete — identified as M.L. — who was assigned male at birth.

The complaint describes a conflict that erupted after coaches selected runners to participate in a high-profile cross-country meet earlier this fall. According to the complaint, M.L. did not train as much, nor show up to all required events, yet still posted faster times and was given a top spot on the girl's varsity team.

As a result, the complaint alleges T.S. "missed opportunities to compete at a high-profile meet, losing valuable chances for college recruitment and recognition."

The other plaintiff in the lawsuit, a female ninth-grader identified as K.S., is on MLK's junior girl's varsity team, but as a top runner could be in contention for a varsity spot.

T.S. and K.S. were both assigned female gender at birth.

The complaint alleges that the presence of the trans athlete on the girls' team deprived T.S. and K.S. of opportunities and that the RUSD failed to comply with federally mandated Title IX, which guarantees equal athletic opportunities.

The two girls protested by wearing t-shirts to a track meet that were emblazoned with messages reading "Save Girls’ Sports" and "It’s Common Sense. XX ≠ XY."

According to the complaint, school officials told the girls and their families that the attire was hostile and the messages — which could be understood to be intimidating, belittling or hurtful — appeared directed toward the transgender student-athlete.

School officials compared the messages to that of a t-shirt bearing a swastika, meant to intimidate Jewish students, according to the complaint.

The girls were told by campus officials to conceal or not wear the shirts. The complaint alleges that the ban violates the students' right to free speech and due process under the First and Fourteenth Amendments.

The plaintiffs argue that the school’s "selective enforcement" of dress codes and "failure to uphold Title IX policies" violate their constitutional rights and place female athletes at an unfair disadvantage.

"We will not allow boys to take over girls' sports or let woke policies silence young women fighting for fair competition," said Julianne Fleischer, an attorney for Murrieta-based Advocates for Faith & Freedom, which is representing the plaintiffs. "This case is about protecting equal opportunities and the freedom to speak out — values that should be upheld, not suppressed, in our schools."

The plaintiffs are seeking declaratory and injunctive relief, and compensation for damages.

Transgender students' participation in sports under Title IX is a thorny legal issue.

In a Nov. 25 emailed statement, the district said, "It is important to remember that RUSD is bound to follow California law which requires that students be 'permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.'"

State education code defines gender as "a person’s actual sex or perceived sex and includes a person’s perceived identity, appearance or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with a person’s sex at birth."

A California Interscholastic Federation (CIF) bylaw mirrors the education code, stating, "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 RUSD is bound to comply with the law and CIF regulations.

"California state law prohibits discrimination of students based on gender, gender identity and gender expression, and specifically prohibits discrimination on the basis of gender in physical education and athletics," the district's statement read. "The protections we provide to all students are not only aligned with the law but also with our core values which include equity and well-being.

"As these matters play out in our courts and the media, opposition and protests should be directed at those in a position to affect those laws and policies (including officials in Washington D.C. and Sacramento)," the statement continued.

Planned policies under President-Elect Donald Trump may influence the Riverside case, and it remains to be seen how the existing state education code might impact legal outcomes.

While California is one of two dozen states that allow transgender student-athletes to play on sports teams that match their gender identity, Trump has promised to immediately ask Congress to pass a bill next year establishing that, "The only genders recognized by the U.S. government are male and female — and they are assigned at birth. Title IX prohibits men from participating in women’s sports."

Title IX is a landmark federal civil rights law enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

In 2016, transgender students were first written into the law when the administration of President Barack Obama specified that students could participate in sex-segregated activities and access bathrooms and locker rooms consistent with their gender identity.

Former Secretary of Education Betsy DeVos, under the first Trump administration, rescinded those Obama-era protections.

The Biden administration then enacted new protections for transgender students, reversing DeVos’ move. What it means practically is that today public schools risk losing federal funding if they are found to discriminate against students and staff who are part of the LGBTQ+ community.

Multiple court challenges to the Biden Title IX rule are proceeding, with the regulation blocked in 26 states and hundreds of schools in other states. In August, the U.S. Supreme Court declined the Biden administration’s request to trim court injunctions and allow certain provisions of the regulation to take effect nationwide. Lower courts are now delving into the merits of the legal challenges.

Meanwhile, some conservatives expect the Biden administration to issue a final rule on athletics under Title IX before Trump takes over.

Long before the Nov. 5 election of Trump to a second term, California Democrats were strategizing on how to insulate against extreme GOP policies — including in the education arena. Fundraising is underway to protect California schools from what Trump and his Secretary of Education pick, Linda McMahon, might impose.

On Nov. 20, California State Superintendent of Public Instruction Tony Thurmond sent an email to supporters saying, "I'm leading the charge to backfill what could be an $8 billion loss in resources if Trump axes the Department of Education."

On the campaign trail, Trump said he would eliminate the department.

Besides her career as a professional wrestling performer and businesswoman and her stint in the first Trump presidency as the administrator of the Small Business Administration, McMahon is the current chair of America First Action, a pro-Trump Super PAC that advocates for school choice and calls for eliminating school district boundaries.

McMahon is not expected to pose challenges to Trump's agenda.

Regardless of what the incoming administration does, Jennifer Chou, a civil rights lawyer who is the American Civil Liberties Union Northern California’s head of gender, sexuality and reproductive justice, told CalMatters that the Golden State has options.

"Federal law is the law of the land," she said. "But states are allowed to pass laws that go above and beyond what federal law does, and California has done that."

Advocates for Faith & Freedom Attorney Robert Tyler, however, sees an opening. The firm is "dedicated to protecting constitutional and religious liberty in the courts."

"I’m calling on President Trump and the incoming Congress to restore women’s sports and to stop the mockery of women by this radical and ignorant ideology," Tyler said.

The fight in Riverside is one of many raging across California over trans girls/women in sports.

According to The Mercury News, a Christian high school in Merced forfeited a volleyball match this month rather than play against a private school in San Francisco that had a trans student on the team.

At the college level, a former player and an assistant coach at San Jose State filed a lawsuit to try to ban a trans player from playing in a championship game. On Nov. 25, a federal judge ruled the player can participate in the women’s volleyball conference tournament this week.

In the Riverside case, the defendants include the RUSD, MLKHS Principal Leann Iacuone (in her personal and official capacity) and MLKHS Assistant Principal and Athletic Director Amanda Chann.