SOUTH LAKE TAHOE, Calif. – California State Law. specifically, the Education Code, allows transgender students to participate in sex-segregated school programs and activities, including athletic teams and competitions, based on their gender identity, regardless of the gender listed on their records. 

The California Interscholastic Federation (CIF) follows state policy, but today, Congressman Kevin Kiley sent a letter to CIF Executive Director Ron Nocett, demanding answers as to “why the CIF continues to defy federal law by allowing biological males to compete in female athletics.”

Kiley was joined by  Tim Walberg (R-MI) in sending the letter. Walberg is the chairman of the Education and Workforce Committee in the House of Representatives on which Kiley serves. Kiley is also the chairman of the Subcommittee on Early Childhood, Elementary, and Secondary Education.

“CIF must immediately correct its unlawful policies and bring itself fully into compliance. Failure to do so would continue to threaten the safety and fairness of women’s sports,  female athletes’ dignity, and the federal funding of all California high schools. We request a prompt response outlining the actions that CIF is currently taking to comply with federal law and ensure a level playing field for female athletes. The integrity of women’s sports is non-negotiable; you must act to uphold these fundamental protections,” said the letter.

“The CIF provides students with the opportunity to belong, connect, and compete in education-based experiences in compliance with California law [Education Code section 221.5. (f)] 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,” said Rebecca Brutlag, the CIF Director of Media.

Kiley and Walberg stated the Department of Education’s Office for Civil Rights has already launched a Title IX investigation into CIF for publicly indicating its intention to violate federal antidiscrimination law. The Department of Justice has also made clear that it will not hesitate to enforce the law against any athletic association that forces female athletes to compete against biological males.

Brutlag said they do not know how many athletes may be participating in school sports as a gender other than they were at birth.

In February, the Department of Education urged organizations overseeing high school and college athletics to strip records, titles, and awards from transgender women who competed in women’s sports. There was no ruling by the department, or President Trump, reversing awards made by trans-men.

The Associated Press (AP) surveyed lawmakers sponsoring legislation to ban trans-athletes in high school. Those involved could not cite a single instance in their state or region where such participation had caused problems, said the AP. 

In the National Collegiate Athletic Association (NCAA) there are approximately 500,000 student-athletes with fewer than ten being transathletes according to its president.

Kiley and Walberg’s letter said, “CIF must immediately correct its unlawful policies and bring itself fully into compliance. Failure to do so would continue to threaten the safety and fairness of women’s sports, female athletes’ dignity, and the federal funding of all California high schools.”