AFN reported previously on the case begin thrown out on a technicality regarding administrative funding rules.
Critics of the state's rules are blasting the decision, pointing out the judge sidestepped the core issue of competitive fairness.
Sophia Lorey is a women's sports advocate and director for the California Family Council.
“I was absolutely disappointed to see that the lawsuit was dismissed. The judge — I was not shocked to find out that she is a Biden-appointed judge,” Lorey states
What's really disappointing, she says, is that there wasn't even a ruling about whether or not boys belong on girls' teams.
“She tried to actually rule under — not even if California's policies are lawful or if they're fair or if girls are protected or not, she was just looking at different ways to dismiss this lawsuit evidently,” Lorey says. “I'm so glad to hear from the DOJ that they're going to keep pushing back.”
Lorey, a former collegiate soccer player, says biological differences make the policy harmful to female athletes who worry about injuries, lost scholarships and missed podium spots.
Despite recent U.S. Supreme Court signals affirming a state's right to protect female sports, California has maintained its inclusive rules since 2013.
Lorey has a direct message for state leaders:
“California, since 2013, has had bills and laws in place that have allowed males into female sports and spaces, and so they now understand the Supreme Court has told them, 'California, you have the right to protect female sports.' They still won't. And so, my question for the California legislature, for Gov. Newsom, is you have the right to protect the girls in your state, why won't you?”
While advocacy groups wait for further legal battles, Lorey urges local action — asking school boards to pass Title IX resolutions and pushing the California Interscholastic Federation to overturn Bylaw 300-D. That is the state athletic rule that allows students to participate in school sports and use locker rooms based on their gender identity rather than the sex on their birth certificates.
Lorey also invites people to visit xxonly.org. The website is a project of California Family Council.