CIF issues ruling as trans athlete set to participate in state championship
This weekend, a trans athlete will be competing for a title against female competitors at the state track and field championship meet.
It has inflamed an issue central to President Trump's supporters, as the worlds of sport, law and politics collide. At issue is a California law that guarantees students the right to participate in sports based on their gender identity.
That's now being challenged on the basis of the federal law that protects women athletes from discrimination.
AB Hernandez is a transgender track and field athlete who just qualified to compete for a title in the long jump, high jump and triple jump events. When she placed first in qualifiers in the long jump competition, there were a number of angry adults in the crowd calling foul.
"That's a boy! That is a biological boy," yelled one woman.
Later, Hernandez was asked whether the criticism affected her during competition.
"Um, honestly, no," she said. "Nothing I can do about people's actions. Just focus on my own."
But President Trump focused on it, sending out messages threatening to cut federal funding and accusing California of illegally allowing "men to play in women's sports."
"It's truly a blatant abuse of power," said Jorge Reyes Salinas with the transgender advocacy group, Equality California. "Targeting a transgender athlete, an underage student, a child, for political points is shameful and he should be ashamed for doing that."
But shortly thereafter, the group that governs high school sports, the California Interscholastic Federation, or CIF, announced that whoever may have had the next closest score to Hernandez would be allowed to compete in the finals as well.
It felt like an admission that something may not be fair about the situation, something Governor Gavin Newsom recently discussed with conservative influencer Charlie Kirk.
"Well, I think it's an issue of fairness. I completely agree on that. It is an issue of fairness. It's deeply unfair," said Newsom.
"Well, would you speak out against this young man, AB Hernandez, who right now is going to win the state championship in long jump," asked Kirk.
Newsom replied, "In 2014, years before I was governor, there was a law established that established the legal principles that allow trans athletes in women's sports."
That law was AB 1266 which says, "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."
CIF said it is required to allow Hernandez to compete for that reason. But a group called the California Families Council disagrees.
"This is one of the only issues — the issues of boys' and girls' sports — that the majority of America agrees on. It's an 80/20 issue. We don't see that with many other social issues," said Communications Director Sophia Lorey. "So, no matter what people with CIF may be feeling or thinking, they keep saying their hands are tied by state law. But in reality, all they would have to do is come out and make a statement, and say, 'We will be following Title IX, which protects girls' sports, which allows equal opportunities for females.' Because at the end of the day, the federal ruling, Title IX, supersedes state law."
The Department of Justice has joined the fight, announcing that it will be investigating whether AB 1266 is, in fact, a violation of Title IX. But Susan Cahn, history professor emeritus at the University of Buffalo, has studied women's sports and said the Title IX issue may not be as cut and dried as that.
"Title IX has been interpreted the opposite way, too," said Cahn. "So, the gender discrimination could be understood as discriminating against that trans girl because she has a girl's identity. And that's how it was interpreted under Biden. And so, it really brings the fuzziness of Title IX out for us to look at. And that is a question that will probably be decided legally."
In the meantime, the CIF is trying to walk a fine line. On Wednesday afternoon, they announced that, if Hernandez should make it to the finals, "a biological female student/athlete who would have earned the next qualifying mark will also be advanced to the finals." And, if Hernandez should win a medal, CIF said a duplicate medal would also be awarded to the next closest female athlete in the competition.
