The U.S. Department of Justice (DOJ) has initiated an investigation into California's Assembly Bill 1266, a law enacted in 2013 that permits transgender student-athletes to participate in school sports consistent with their gender identity.

The inquiry examines whether this law violates federal laws against sex discrimination, specifically Title IX, which prohibits sex discrimination in educational programs receiving federal funding.

The DOJ's announcement follows criticisms from former President Donald Trump and other administration officials, who argue that the legislation unfairly restricts opportunities for cisgender girls in sports.

Trump's administration previously issued an executive order opposing the participation of transgender females in women's sports.

The DOJ has formally notified key California officials, including Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, and the California Interscholastic Federation (CIF), which oversees high school sports statewide, about the investigation.

The inquiry aims to determine whether a pattern of sex discrimination exists within California’s education and sports systems as they relate to this law.

Tragically, the investigation's backdrop includes a 16-year-old transgender athlete, identified as AB Hernandez, who has faced protests regarding her participation in track and field events.

The athlete qualified for several state championship events, leading to heightened scrutiny and public debate surrounding her right to compete.

As part of this inquiry, Assistant Attorney General for Civil Rights Harmeet K. Dhillon emphasized the DOJ's commitment to defending women’s rights to equal educational opportunities, arguing that allowing transgender girls to compete against cisgender girls undermines those opportunities.

On the brink of the investigation's announcement, President Trump publicly criticized AB Hernandez's participation, calling it 'demeaning to women and girls' while urging local authorities to intervene.

He stated plans to discuss the issue with California Governor Gavin Newsom.

Governor Newsom, who has acknowledged some openness to re-evaluating eligibility for transgender athletes, previously stated that he finds the participation of transgender girls in girls' sports to be inequitable.

Despite this, Newsom's office remarked that they did not provide comments on the ongoing federal investigation.

Additionally, the CIF revealed changes to its competition rules, allowing for increased participation among biological female student-athletes in certain track and field events, including those where Hernandez has qualified.

This development accompanies a broader legal context in which several lawsuits have been filed opposing AB 1266. Two teenage girls and their families are challenging the law after reportedly being reprimanded for wearing protest shirts at school advocating for the preservation of girls' sports.

The DOJ's engagement in these legal matters reflects a growing national debate over the rights of transgender athletes, with various states implementing laws that limit participation based on biological sex.

Currently, approximately half of U.S. states enforce some restrictions on transgender athletes, while legal challenges continue to shape the enforcement of such laws in states like Montana, Idaho, Utah, Arizona, and West Virginia.