The Department of Justice recently escalated its legal challenges to public school policies on transgender students across the country with mixed outcomes.
The DOJ filed a federal lawsuit on Tuesday against Kansas City, Kansas, Public Schools over its policies on transgender students.
In California, a federal judge dismissed the administration’s Title IX lawsuit challenging the state’s policy allowing transgender girls to compete on girls’ sports teams — a case originally filed in July 2025. U.S. District Judge Cynthia Valenzuela ruled the Supreme Court’s June decision did not require California to exclude transgender athletes. The Justice Department said it is considering an appeal.
DOJ sues Kansas district over parental notification
Kansas City schools were accused of violating the Family Educational Rights and Privacy Act, or FERPA, by maintaining rules that the DOJ says could conceal a student’s gender transition from parents.
The Associated Press reported, “Schools in Kansas City, Kansas, have a policy of using students’ preferred names and pronouns.” The district “says requests from students who do not wish to involve their parents will be evaluated on a case-by-case basis,” according to the Justice Department lawsuit.
Kris Kobach, Kansas’ attorney general, has been following these transgender policies in Kansas schools for over two years. In a news release in 2024, Kobach said, “A child changing his or her gender identity has major long-term medical and psychological ramifications,” and, “Parents should know, and have an opportunity to be involved in, such an important aspect of their well-being.”
Among the other Kansas districts under federal investigation, Topeka agreed to the Education Department’s terms to keep parents informed, while others like Olathe and Shawnee Mission refused to comply and face a potential loss of federal funding.
Federal judge throws out transgender sports lawsuit
Since 2014, California has allowed transgender athletes to participate in public school sports consistent with their gender identity under the School Success and Opportunity Act.
Valenzuela dismissed the Justice Department’s lawsuit with prejudice, finding “the federal government had not adequately notified California that its federal funding could be jeopardized if schools continued allowing transgender girls to compete on girls’ teams,” the New York Post reported.
The dismissal means the Justice Department cannot refile the case at the district court level.
Critics argue that this creates an uneven playing field for biological women who miss out on scholarships and opportunities when competing with biological men. Supporters say that transgender students have a right to participate in sports consistent with their gender identity and that exclusion causes lasting harm.
The Supreme Court ruled 6-3 in June that states may bar transgender athletes from women’s and girls sports teams, upholding laws in Idaho and West Virginia. However, the ruling did not require states to adopt these restrictions.
The DOJ is considering whether to appeal.