Newsom defies Supreme Court ruling, vows California will keep letting biological males compete in girls' sports

By 
, July 5, 2026

The Supreme Court ruled 6-3 that states may bar biological males from competing in women's and girls' sports, and within hours, Gavin Newsom's office told the nation's highest court, in effect, to mind its own business. California, the governor's spokesperson declared, will change nothing. Transgender athletes will keep competing against girls on California fields and tracks, regardless of what six justices said about Title IX and biological sex.

The defiance is worth examining closely, because it reveals a governor caught between what he says privately and what his administration does publicly, and it leaves female athletes in the nation's largest state without the protections the Court just affirmed for girls in 27 others.

What the Court actually ruled

Justice Brett Kavanaugh authored the majority opinion in the 6-3 decision, which upheld state laws in Idaho and West Virginia barring biological males who identify as female from women's sports at publicly funded schools. Kavanaugh wrote that "sex" in Title IX refers to biological sex, based on the term's ordinary meaning when Congress enacted the statute in the early 1970s.

"The Constitution and Title IX do not require an overhaul of women's and girls' sports throughout America. We hold that the States may maintain women's and girls' sports for biological females."

That language from the majority opinion is unambiguous. More than two dozen states already have laws restricting women's sports to biological females, and the ruling extends legal shelter to all of them. The decision aligns with President Trump's executive order on women's sports and represents the clearest statement yet from the Court that sex-based athletic categories are constitutionally permissible.

The ruling, however, does not force states to adopt bans. It permits them. That distinction is what Newsom's office seized on.

Sacramento's response: dignity, respect, and no policy change

A spokesperson for the governor told Fox News Digital that California's laws remain untouched by the decision.

"The Supreme Court's decision does not affect California's laws. The state remains committed to ensuring every Californian, including the LGBTQ community, is met with dignity and respect."

Newsom's office went further, providing Fox News Digital with a bulleted list of the governor's record under the heading: "As a Governor, Governor Newsom has the strongest record in the country on protecting and expanding transgender rights." Among the items cited: making it easier to update gender markers on official documents and appointing "multiple trans judges."

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In a separate statement responding to a "Save Girls Sports" news conference organized by former NCAA women's soccer player Sophia Lorey near competition grounds ahead of the state tournament in early May, Newsom's office said the governor "rejects the right wing's cynical attempt to weaponize this debate as an excuse to vilify individual kids." His position, the office added, is to "stand with all kids and stand up to bullies."

Notice who is absent from that framing: the girls who lose races, titles, and scholarships to biological males.

The contradiction Newsom cannot resolve

Here is where the governor's position collapses under its own weight. In March 2025, Newsom appeared on a podcast with the late Charlie Kirk and described males competing in girls' sports as "deeply unfair." That was his word, unfair. Not complicated. Not nuanced. Unfair.

Yet his administration's official policy is to keep allowing it. His office boasts about expanding transgender rights. His spokespeople call anyone who objects a bully.

So which is it? If the practice is "deeply unfair," why does the governor's office treat efforts to stop it as cynical weaponization? Newsom wants credit for acknowledging the problem on a podcast while doing nothing, and everything in his power to prevent a solution, through state policy. That is not leadership. It is political positioning from a man widely seen as eyeing a 2028 presidential run. Newsom has already claimed that federal scrutiny of his record is payback for those ambitions.

The contradiction matters because real athletes pay for it.

AB Hernandez and the cost to California's girls

Consider the case of AB Hernandez, the transgender athlete who won two California state track and field titles for the second straight year. Hernandez took state finals in the triple jump and high jump and placed second in the long jump at the prior year's championships. For the second consecutive year, Hernandez's presence in girls' competition generated what Fox News Digital described as a national media crisis for California.

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Every title Hernandez won is a title a biological female did not. Every podium spot taken is a spot a girl trained for and lost to a competitor with the physiological advantages that come with male puberty, advantages the Supreme Court itself just recognized as the basis for sex-separated athletics.

Sophia Lorey, the former NCAA women's soccer player, organized a "Save Girls Sports" protest near the competition grounds ahead of the state tournament's first round in early May. Women's sports activists Riley Gaines and Jennifer Sey condemned Newsom publicly on social media after his office reaffirmed the state's policy.

Newsom's office called those objections bullying. The governor's definition of bullying, apparently, does not include a biological male taking championship titles from teenage girls.

The DOJ steps in where Sacramento won't

President Trump's Department of Justice has not waited for Newsom to act. The DOJ filed Title IX lawsuits against California education agencies over policies allowing transgender athletes in girls' high school sports. Those lawsuits officially launched in July, following the prior year's state championships where Hernandez dominated.

The Supreme Court's ruling does not automatically reverse California's policies, but it dramatically strengthens the federal government's legal hand. The Court has now established that sex-based eligibility rules do not violate the Equal Protection Clause or Title IX. California's insistence on gender-identity-based participation sits on increasingly shaky legal ground.

The Supreme Court's packed recent docket has produced several decisions with direct implications for blue-state governance. This ruling may prove among the most consequential.

Idaho Solicitor General Alan Hurst, defending his state's ban before the Court, framed the issue plainly. As Newsmax reported, Hurst argued the restrictions are "necessary for fair competition because, where sports are concerned, men and women are obviously not the same."

Six justices agreed.

A pattern of defiance

Newsom's refusal to adjust California's policy after a clear Supreme Court ruling fits a broader pattern among Democratic officials who treat court decisions as optional when the outcome displeases them. The governor's office did not argue the ruling was wrong on the merits. It simply declared the decision irrelevant to California and pivoted to a recitation of Newsom's progressive credentials.

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That approach, ignoring or defying court rulings when they cut against progressive priorities, has become a recurring feature of blue-state governance. It raises a straightforward question: if the highest court in the land says states can protect girls' sports, and 27 states do, what is California protecting by refusing?

Not girls. Not fairness. Not even the principle Newsom himself articulated on a podcast four months ago.

What California is protecting is a political brand. Newsom's office made that clear when it responded to a Supreme Court decision about athletic fairness by touting the governor's record appointing transgender judges and updating gender markers on documents. Those are culture-war credentials, not answers to the question of whether a teenage girl deserves a fair race.

The Court's willingness to rule decisively on contested social questions this term has put governors like Newsom in an uncomfortable position. They can comply, or they can posture. Newsom chose posture.

What happens next

The DOJ's Title IX lawsuits against California education agencies remain active. With the Supreme Court's 6-3 ruling now on the books, the federal government has a far stronger foundation for those cases. Kavanaugh's majority opinion, holding that Title IX's use of "sex" refers to biological sex, cuts directly against California's policy framework.

Meanwhile, AB Hernandez will presumably continue competing against girls in California. Sophia Lorey and other activists will continue protesting. And Newsom will continue telling podcasters that the situation is unfair while his administration ensures it persists.

The growing list of problems surrounding Newsom's governance now includes a direct collision with the Supreme Court over a principle most Americans understand instinctively: boys should not take trophies from girls.

Twenty-seven states got the message. California's governor heard it, called it unfair, and kept doing it anyway. That tells you everything about whose interests he's actually serving, and it isn't the girls on the starting line.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson