Gov. Gavin Newsom (D-CA), a potential 2028 presidential contender, is trying to distance himself from a federal lawsuit over transgender athletes in girls’ sports—despite previously calling the practice “deeply unfair” in an interview with conservative host Charlie Kirk.
The Trump administration sued California’s Department of Education on Wednesday, alleging its policy allowing transgender girls to compete in girls’ sports violates federal sex discrimination laws. The DOJ called the policy “illegal” and “demeaning,” arguing it tells girls their achievements are secondary to accommodating boys.
“Not only is it ‘deeply unfair,’ it is also illegal under federal law,” Attorney General Pam Bondi said. “This Department of Justice will continue to fight to protect equal opportunities for women and girls in sports.”
The governor’s press office is responding to the lawsuit by pointing out it did not mention Newsom by name, releasing the following statement in a social media post:
“Since a lot of folks on here have become legal experts in the last few hours, would point out the Governor is not named as a party in this lawsuit. Actual facts: The California Department of Education (CDE) and CIF are both *independent* from the Newsom admin, and they are following existing state law — a law that was passed in 2013, signed by Governor Jerry Brown, and in line with 21 other states. No court has adopted the interpretation of Title IX that is being advanced by the Trump Admin, and neither the Governor, nor they, get to wave a magic wand and override it — unlike Donald Trump, California follows the law, not personal opinions.”
Jeff Le, managing principal at 100 Mile Strategies and former deputy Cabinet secretary to Brown, told the Washington Examiner that the lawsuit creates a dilemma for Newsom, claiming: “It is possible the Governor will thread the needle that he supports the state’s right for independent bodies to administer the law and still personally oppose the practice. A key question will be how state Attorney General Rob Bonta’s office positions its defense with the California Department of Education and how State Superintendent Tony Thurmond, a gubernatorial aspirant and candidate, engages with the Governor’s Office.”
Le added: “Governor Newsom has made efforts to point to how his administration has supported health rights, mental wellness, and services to transgender community members during his Sacramento tenure. But his comments on sports earlier this year raised concerns among progressive stakeholders and members of the legislature.”
Newsom spent the past two days in South Carolina, visiting voters in eight deep-red counties—a move widely seen as a strong signal he plans to run for president.