Days before a Kentucky judge blocked federal rules protecting LGBTQ students last week, California Assemblymember Kate Sanchez proposed similar changes to California law. On Jan. 6 she introduced her first bill of the session, which would ban transgender females from playing on girls’ sports teams with the California Interscholastic Federation.

Congressional Republicans were on the same page; on Tuesday they passed a bill to ban transgender athletes from women’s sports at the elementary through college level, which would jeopardize federal funding for schools that don’t comply.

Sanchez says her bill and other legislation like it would assure a safe, fair playing field for girls.

“There is a definite difference between biological boys and females in sports, especially at this age,” said Sanchez, a Rancho Santa Margarita Republican who represents Temecula and Murrieta. “This is the intent of the bill, to protect the integrity and fairness of girls’ sports.”

Civil rights and LGBTQ advocates argue that the bill would turn civil rights protections against vulnerable students. Kel O’Hara, an attorney with Equal Rights Advocates, a San Francisco-based gender justice organization, said more than half the states have passed restrictions on transgender students’ participation in sports. Those bills target “a problem that doesn’t exist,” they said.

About 3.3% of high school students identified as transgender in 2023, according to the Centers for Disease Control and Prevention. Only a small number of students of any gender are elite athletes.

“It’s a dog whistle from our perspective,” O’Hara said. “There’s no evidence that trans students, particularly trans girls, are dominating girls’ sports.”

Sanchez pointed to a lawsuit that two female students in Riverside Unified School District filed in November, alleging that a trans girl had displaced them from the cross-country team. The lawsuit argued that the transgender teammate received a top spot in competitions because of faster times, knocking the plaintiffs out of key parts of a cross-country meet. Sanchez said that’s evidence that transgender girls hold an edge over their teammates.

“I think when you look at it from the perspective and lens of biology, males have a very clear and undeniable advantage, so that plays into part of the legislation we’re trying to advance now,” she said.

O’Hara disputed that transgender girls outperform their teammates. They said that benefits of high school sports extend beyond athletic competition, so trans girls who are banned from teams also lose opportunities to develop teamwork, leadership skills and a sense of community.

“These bills try to convince queer and trans young people that they don’t belong and they’re not safe,” they said. “They want students to give up hope and go home.”

Pushback against transgender rights, particularly in schools, has become a conservative call to arms. More than a dozen red states have sued the Biden administration over changes to the federal education rights law, Title IX, which extended its discrimination protections to LGBTQ students. On Thursday a federal judge in Kentucky ruled in the states’ favor, striking down the new rules.

In the fall, several college teams garnered national attention when they forfeited their games against a San José State University women’s volleyball team because of its transgender athlete.

President-elect Donald Trump suggested at campaign rallies that he would “keep men out of women’s sports” using executive power to implement a ban.

“Transgender kids — like any student — deserve the chance to benefit from all that sports have to offer, in an environment that both affirms and validates their gender identity.”
— Assemblymember Chris Ward, a San Diego Democrat

Sanchez thinks the American public is moving in that direction. She pointed to a 2023 Gallup poll showing that 69% of Americans think transgender athletes should not be allowed to play on teams that match their gender identity, up 7 percentage points from Americans’ views on the matter in 2021.

Not surprisingly, opinions varied along party lines. The poll found 86% of Republicans opposed transgender athletes playing on teams aligned with their identity, while Democrats were split nearly evenly.

About 40% of voters in Sanchez’ district are Republican, 30% Democratic, with the rest registered with third parties or citing no party preference. She said her office has received calls in support of the bill.

Last year Sanchez passed other successful education bills, including one to protect student athletes from severe heat conditions and another to make epinephrine injectors available at schools. Both passed with nearly unanimous bipartisan support.

This bill will likely be different. Assemblymember Chris Ward, a San Diego Democrat and chair of the Legislative LGBTQ Caucus, said members “will not stand by as anyone attempts to use kids as political pawns.

“Participating in sports leads to better outcomes in academics and mental health,” he said in a statement, “and transgender kids — like any student — deserve the chance to benefit from all that sports have to offer, in an environment that both affirms and validates their gender identity.”

Carl DeMaio, a freshman Republican Assembly member from San Diego, said he’s co-sponsoring the bill, which he thinks maintains “dignity, respect and fairness” for all players. DeMaio, who is gay, said other members of the LGBTQ community have told him they don’t believe transgender females should compete on girls’ teams, and he compared the policy to the use of performance-enhancing drugs.

“If you allow biological males to compete in girls’ sports, you are not maintaining fairness and you are robbing these girls of their dreams,” DeMaio said.

Sanchez said she’s committed to her legislation and expects that it will align with upcoming federal policies on transgender rights, including Tuesday’s House bill.

O’Hara argued that protecting female athletes doesn’t have to come at the expense of transgender girls.

“Why does protecting some students have to mean discriminating against others?” they asked. “Why are we approaching civil rights laws as a zero-sum game?”

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