DOJ demands California high schools stop allowing transgender athletes to compete in girls' sports

The Department of Justice is demanding that California public high schools confirm by June 9 that they are not allowing transgender athletes to compete in girls' sports.

Assistant Attorney General Harmeet Dhillon of the DOJ Civil Rights Division sent a letter to California public school districts on Monday, after the department opened an investigation on Wednesday into California allowing transgender girl athletes to compete in girls' sports.

The probe follows the California Interscholastic Federation, the governing board for state high school sports, announcing Wednesday that it opened track-and-field finals to more girls after allowing a male to compete. The male athlete who identifies as a girl, AB Hernandez, competed for Jurupa Valley High School on Saturday, winning first place in the girls' high jump and triple jump at the state championships.

In her letter, Dhillon wrote that the school districts are "exposed to legal liability due to a policy CIF has enacted that violates federal law."

"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 bylaw states, which Dhillon called "facially unconstitutional."

"Knowingly depriving female students of athletic opportunities and benefits on the basis of their sex would constitute unconstitutional sex discrimination under the Equal Protection Clause," she added.

The school districts have until 5 pm ET on June 9 to certify in writing that they won't implement the bylaw.