A Biden-Appointed Judge Shielded California From Trump After Girls Lost Their Podiums to a Male Athlete

September 7, 2026 Cat2, The Media
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A Biden-appointed federal judge just handed Gavin Newsom's California a legal shield.

Now the girls who lost their state championship podium spots to a biological male are still waiting for someone to protect them.

And a Biden-appointed judge shielded California from Trump after girls lost their podiums to a male athlete.

What the Judge Actually Did

U.S. District Judge Cynthia Valenzuela – appointed by Joe Biden – dismissed the Department of Justice lawsuit on a procedural technicality.

She didn't rule that California's policy is fair.

She didn't rule it complies with Title IX.

She ruled that the federal government failed to give California "explicit prior notice" before threatening to pull $44 billion in education funding.

That's the whole thing.

California didn't win the argument about whether biological males belong in girls' sports.

California won because the paperwork had a flaw.

Sophia Lorey, California Family Council outreach director and former college soccer player, put it plainly: "The judge did not rule that allowing males into girls' sports is fair, lawful, or consistent with Title IX. This case was dismissed on a technical issue without ever deciding the fundamental question at the heart of this fight."

She's right.

The court didn't touch the underlying question of biological fairness – the one question that actually matters to every girl who laced up and competed clean.

The Girls Who Keep Paying the Price

Here's what this ruling didn't change.

AB Hernandez – a biological male – won two events at the California state championships in May 2025, denying biological female athletes sole possession of first place.

The California Interscholastic Federation's workaround was to give cisgender girls a "shared" first place – medals, but not sole recognition, not a clean record, not undisputed victory.

A California state senator held an official ceremony to honor Hernandez.

No biological female athletes were honored at that same event.

Hernandez laughed off the backlash on camera: "I'm a 16-year-old girl with a mad attitude – you think I'm gonna care?"

The girls who trained their whole lives to compete at the state level can't laugh it off.

Sonja Shaw, a candidate for California superintendent of public instruction, called the ruling exactly what it is – a political choice dressed up as law.

"A Biden-appointed judge just tossed out a case that should have protected female athletes, and she did it after the Supreme Court already ruled that states can keep women's teams as a safe space for biological females," Shaw said.

She's right again.

The Supreme Court already ruled that states may determine sports eligibility based on biological sex.

California chose not to – and Valenzuela handed them a procedural exit before anyone had to answer for that choice.

The DOJ Is Not Walking Away

The Trump administration isn't treating this as a final answer.

A DOJ spokesperson told Fox News Digital the administration is evaluating appeal options and "remains committed to enforcing President Trump's agenda preventing boys from playing in girls' sports."

Attorney General Pam Bondi had already put every other state on notice when the original lawsuit was filed: "If you do not comply, you're next."

That message didn't change because a procedural technicality kicked one case back to square one.

The federal government now has a road map – give explicit prior notice, make the funding conditions crystal clear, and refile.

California's $44 billion in federal education funding is still on the table.

Gavin Newsom's office spent months claiming California "follows the law" while refusing to protect girls who follow the rules.

That defense gets harder to sell when you're sitting on a dismissal based on a technicality – not a victory on the actual legal merits.

Shaw made the stakes as clear as anyone: "This is a hill we are willing to die on."

The girls who showed up at state championships and shared a podium with someone who laughed at them on camera didn't choose this fight.

California's Democrats chose it for them.

Sources:

  • CJ Womack, "California girls' sports advocates vow fight after judge tosses trans athlete case: 'Far from over'," Fox News, September 3, 2026.
  • Ryan Gaydos, "Trans athlete laughs off backlash after winning California girls' track and field titles," Fox News, June 11, 2025.
  • "Jurupa Valley transgender athlete wins 2 girls' titles at state track meet," Spectrum News, May 31, 2026.
  • "Democratic lawmaker honors trans athlete who won California girls track and field state titles," Fox News, June 2025.