Education Secretary McMahon to Newsmax: Feds Won't Let Up on Calif. Probe

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Education Secretary Linda McMahon said Saturday on Newsmax's "The Count" that the Supreme Court's ruling upholding state bans on transgender athletes in girls' and women's sports gives her department "more teeth" to enforce Title IX, and warned that California could lose federal school funding if Gov. Gavin Newsom continues to let transgender students compete on girls' teams.

The 6-3 decision, written by Justice Brett Kavanaugh and issued June 30 in West Virginia v. B.P.J. and Little v. Hecox, held that neither Title IX nor the 14th Amendment's Equal Protection Clause bars states from limiting girls' and women's sports teams to biological females.

The justices ruled unanimously on the Title IX question and split along ideological lines on equal protection, reversing the decisions of the Fourth and Ninth Circuits.

McMahon told Newsmax the ruling reinforced what was "really in law already" and gave force to President Donald Trump's February 2025 executive order declaring that "men are men and women are women as determined by biology and not by how you feel one day."

The order, "Keeping Men Out of Women's Sports," directs agencies to review and rescind federal funding for schools that let transgender girls compete on girls' teams.

Newsom's office said the ruling "does not affect California's laws," pointing to a 2013 statute allowing students to play on teams matching their gender identity, and touted his record on transgender rights, including appointing "multiple trans judges" and making it easier to update gender markers on state documents.

McMahon called the position untenable.

"Federal law supersedes state law," she said, adding that Newsom "could risk losing federal funding for those schools that take federal funding."

The Education Department's Office for Civil Rights found in June 2025 that the California Department of Education and the California Interscholastic Federation were in "clear violation" of Title IX, and the Justice Department followed with a lawsuit in July 2025 alleging a pattern of illegal sex discrimination against female athletes.

Both agencies had refused to bar transgender athletes from girls' teams.

McMahon said the administration will not relent.

"We're on to him," she said of Newsom, who has publicly called men competing in women's sports "deeply unfair" while defending California's inclusion policy.

"We're going to continue to investigate in California," McMahon said.

"And we're not going to let up on that because women really should have the opportunity.

"They should not have positions taken away on teams by men who are participating in girls' sports," McMahon said.

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Jim Thomas

Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.

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