From Dawn Collier <[email protected]>
Subject California Showdown Over Girls’ Sports Draws National Spotlight
Date April 4, 2025 7:45 PM
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** California Showdown Over Girls’ Sports Draws National Spotlight
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Dear John,

The fight to protect girls’ sports and spaces in California made national headlines this week after Democrats in the Legislature blocked two bills aimed at bringing the state into compliance with Title IX.

AB 844, introduced by now-former Assemblyman Bill Essayli (R-Corona), would have repealed AB 1266 (Ammiano, 2013), and required schools to base participation in athletics and use of sex-segregated facilities like locker rooms on a student’s biological sex — rather than a students’ self-selected “gender identity.” A second bill, AB 89, authored by Assemblywoman Kate Sanchez (R-Temecula), would have barred males from competing as females in high school sports.

Both bills were defeated in committee along a party-line vote. The only two legislators to vote in favor of protecting girls’ sports were Republicans: Vice Chair Tom Lackey (R-Palmdale) and Assemblyman Jeff Gonzalez (R-Indio). Democrats, including Assembly Speaker Robert Rivas (D-Hollister), who sat in for a conspicuously absent Assemblyman Avelino Valencia (D-Anaheim), voted against the bills.

"We’re not surprised that the majority party in the California legislature voted against common sense," said CPC’s Lance Christensen. "But the fight to protect women and girls in California is far from over."

Last week, U.S. Secretary of Education Linda McMahon sent a letter to Gov. Gavin Newsom encouraging him to support AB 844 to get back into compliance with federal law. Newsom shocked supporters last month when he said allowing males to participate in female sports is "deeply unfair" on his new podcast, This is Gavin Newsom.

"Take a stand on your convictions," McMahon wrote. "...A great place to start protecting girls in California K-12 schools is to repeal Cal. Ed. Code 221.5(f) by calling on your legislature to pass AB 844. This would make it clear that California schools operate within reality and common sense. Sex-specific school programs and activities should be separated on the basis of sex, not the subjective feeling of 'gender identity.' Allowing participation in sex-separated activities based on 'gender identity' places schools at risk of Title IX violations and loss of federal funding."

Newsom, however, has remained mum on the bill, despite the high-profile media coverage of the hearing this week. Even Daily Wire’s Matt Walsh, who starred in the documentary, What is a Woman?, testified in support of AB 844.

Interestingly, the two bills were both “triple referred,” meaning they would be required to go through three policy committees before reaching the Assembly Floor for a vote. Overburdening the review process is a game the Democratic majority plays with minority bills. Most bills authored by a Democrat only have to go to one committee.

Instead of just being heard in the Assembly Education Committee (like the original bill AB 1266 in 2013), the bills were sent to the Assembly Arts, Entertainment, Sports & Tourism Committee, which is chaired by Assemblyman Chris Ward (D-San Diego). Ward is the author of AB 1955, signed into law last year by Gov. Newsom, which purports to create a constitutional right of privacy for children from their parents, and prohibits districts from requiring personnel to disclose information about a child's gender identity at school to that student's parents without the child’s consent.

The Dept. of Education announced last week that it is investigating the California Department of Education ([link removed]) for violating the federal Family Educational Rights and Privacy Act (FERPA) in response to a complaint filed by California Policy Center attorney Julie Hamill.

Notably, Asm. Ward is funded by California’s powerful unions: 7 of his Top 10 donors since 2020 are unions, including the California Teachers Association and California Federation of Teachers, according to data from OpenSecrets ([link removed]) .

Why are the teachers’ unions supporting legislators who vote against protecting women and girls? You might want to ask Assemblyman Rick Chavez Zbur (D-Hollywood), whose Top 10 donors since 2022 were ALL unions, including the teachers' unions, to the tune of $324,200, per OpenSecrets ([link removed]) .

Zbur made national headlines this week after he compared the supporters of AB 844 and AB 89 to Nazis at the hearing.

"This is really reminiscent to me of what happened in Nazi Germany in the 1930s. We are moving towards autocracy in this country. In Nazi Germany, transgender people were persecuted, barred from public life," said Zbur. ([link removed]) "...They were detransitioned, they [inaudible] imprisoned and killed in concentration camps, and the way that it started was the same kinds of things that are happening in this country by the Trump administration…."

To contact Zbur’s office and let him know what you think of his comparison, you can find his email and phone numbers for his Sacramento and District office here. ([link removed]) We’re sure Asm. Zbur would especially appreciate hearing from his constituents, so you can find his district map here. ([link removed])

Keep in mind that Zbur made these comments while Californians lined the halls of the Capitol to voice their support for the bills, including parents, students, athletes, and a diverse coalition of advocates across party lines — including many Democrats, women's rights advocates and gay/lesbian activists — who came out to support women, girls and female athletics.

What’s Next?

While the committee voted down the bills, advocates aren’t backing down. The next phase of the fight is already underway.

For starters, Advocates for Faith and Freedom have sued ([link removed]) the State of California for violating Title IX on behalf of Save Girls Sports and parents in Riverside Unified School District.

In addition, California Policy Center attorney Julie Hamill, president of California Justice Center, joined with Defense of Freedom Institute (DFI) last month in filing a Title IX complaint ([link removed]) against the California Department of Education and several school districts — Los Angeles Unified, San Francisco Unified and Capistrano Unified — for violating Title IX by forcing students to share sleeping quarters and intimate facilities with individuals, including adults, of the opposite sex as a condition for participating in school programs and activities.

After that complaint was filed, the U.S. Department of Education issued a Letter of Finding of Noncompliance against the Maine Department of Education on grounds almost identical to those alleged in the California Justice Center complaint.

Hamill and DFI have since filed a new letter with the U.S. Dept. of Education ([link removed]) , arguing that although the Department’s letter to Maine does not directly address lodging arrangements for overnight trips, the reasoning for concluding that Maine’s "intimate facilities access policies" violate Title IX "applies with equal if not greater force in that context."

Maine’s laws don’t explicitly require access to intimate facilities based on gender identity. California goes a step further by stating explicitly in Education Code section 221.5(f) that schools must permit "students 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."

The U.S. Department of Agriculture froze federal funds for certain educational programs in Maine ([link removed]) on Wednesday based on the Title IX violation.

If California fails to comply with Title IX, California attorney Erin Friday estimates that the state risks losing $8 billion it receives annually from the federal government.

"We’re hopeful that the U.S. Dept. of Education will keep the pressure on the State of California when it comes to enforcing Title IX," said Hamill. "California is ground zero when it comes to pushing nonsensical policies in schools that hurt female athletes and students."

You can listen to Julie Hamill discuss all of the above on two podcasts this week, including National Review’s Radio Free California ([link removed]) with CPC president Will Swaim and DFI’s Freedom to Learn with Ginny Gentles ([link removed]) .

Congratulations to Bill Essayli, California’s Champion for Parental Rights

Finally, congratulations to now-former-Assemblyman Bill Essayli, who was appointed by Attorney General Pam Bondi to serve as U.S. Attorney for the Central District of California this week. Essayli sent his resignation to Assembly Speaker Rivas after Tuesday’s hearing on Essayli’s bill, AB 844, and was sworn in as U.S. Attorney Wednesday morning.

"Essayli, who was sworn in this morning in a private ceremony by Chief United States District Judge Dolly M. Gee, now oversees the largest United States Attorney’s Office outside of Washington, D.C. The office, which currently employs more than 250 lawyers, serves approximately 20 million residents in the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo," announced the U.S. Attorney’s Office, Central District of California, in a press release ([link removed]) .

"It is the honor of a lifetime to lead the United States Attorney’s Office and serve the people of the district that I have called home for so many years," said United States Attorney Bill Essayli. "As our district’s chief federal prosecutor, I will work diligently and tirelessly with our federal and local law enforcement partners to implement the priorities of the President and the Attorney General and to protect our communities from criminals. Our citizens deserve no less."

Mr. Essayli has been a tireless champion for parental rights and for protecting women and girls at the State Capitol. He has also been a great friend to many of us here at California Policy Center. We thank him wholeheartedly for his service in the Assembly and wish him great success as he continues his fight for the people of California in this distinguished and pivotal role.
U.S. Attorney Bill Essayli with, from left to right, Julie Hamill, president of California Justice Center; Mari Barke, director of California Local Elected Officials (CLEO); and Emily Rae, senior counsel with Liberty Justice Center, at California Policy Center's Parents Not Partisans Summit in March 2025.
New Podcasts ()
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** Radio Free California #384: Trump in the Driver's Seat
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On this week's podcast with CPC president Will Swaim and CPC board member David Bahnsen: Responding to a California Policy Center complaint, the U.S. Dept. of Education says it will defund California schools that violate parents’ authority over their children. Plus, California Policy Center attorney Julie Hamill explains why California law and policy violate parents' rights under the federal Family Educational Rights and Privacy Act (FERPA). Listen now. ([link removed])

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** Freedom to Learn: Julie Hamill on California's Violations of Title IX, FERPA & Common Sense
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California Policy Center attorney Julie Hamill, president of California Justice Center, joins Defense of Freedom Institute's Ginny Gentles to discuss the the Title IX complaint CJC and DFI filed against the California Department of Education and several school districts, as well as CJC's complaint that sparked a federal investigation of California for violating FERPA. Listen now. ([link removed])

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