Cal State challenges Trump's order on transgender student athletes

The university system is fighting the Trump administration's demands to rewrite records and apologize for allowing a transgender athlete to play on women's teams.

Mar. 21, 2026 at 2:22pm

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The California State University system is challenging the Trump administration's demands for San Jose State University to rewrite its record books, apologize to a transgender athlete's teammates, and declare that it will only recognize two sexes. The university has refused, citing its adherence to the law and desire to be welcoming to all students. Cal State has filed a lawsuit accusing the government of 'lawless overreach' and arguing that Trump's executive orders cannot override previous court rulings.

Why it matters

This case highlights the ongoing battle over transgender rights and the Trump administration's efforts to roll back protections for transgender students, particularly in school sports. It also tests the government's ability to enforce its interpretation of the law years after events have unfolded, and raises questions about the limits of presidential power and the role of the courts in these disputes.

The details

The Trump administration opened a civil rights investigation into San Jose State in 2025 and concluded in January 2026 that the university had violated Title IX by allowing transgender athlete Blaire Fleming to play on the women's volleyball team. The administration is now demanding that San Jose State rewrite its records, apologize to Fleming's teammates, and declare that there are only two sexes. The university has refused, and the Cal State system has filed a lawsuit arguing that the government's demands violate the First Amendment and that Trump's executive orders cannot override previous court rulings.

  • In 2024, a federal judge ruled that Blaire Fleming could participate on the San Jose State women's volleyball team.
  • In February 2025, the Trump administration opened a civil rights investigation into San Jose State.
  • In January 2026, the Trump administration concluded that San Jose State had violated Title IX by allowing Fleming to play on the women's team.
  • The Education Department set a 10-day deadline for San Jose State to reach a settlement, which is expected to pass this weekend without an agreement.

The players

Cynthia Teniente-Matson

The president of San Jose State University.

Linda McMahon

The Education Secretary under President Trump.

Blaire Fleming

A transgender woman who played on the San Jose State women's volleyball team.

California State University system

One of the nation's largest public university systems, which has filed a lawsuit challenging the Trump administration's demands.

Brooke Slusser

An athlete who was a plaintiff in a 2024 lawsuit about Blaire Fleming playing on the San Jose State women's volleyball team.

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What they’re saying

“We have followed the law and cannot be punished for doing so.”

— Cynthia Teniente-Matson, President of San Jose State University

“The lengths people will go to when they refuse to look in the mirror.”

— Brooke Slusser

What’s next

The judge in the Cal State lawsuit, Eumi Lee, will hear the case. The outcome could determine whether the Trump administration is able to enforce its interpretation of the law and cut federal funding to San Jose State and other universities that have allowed transgender athletes to compete.

The takeaway

This case highlights the ongoing tensions over transgender rights and the limits of presidential power, as the Trump administration seeks to roll back protections for transgender students through executive orders that conflict with previous court rulings. The willingness of the Cal State system to challenge the administration in court sets it apart from many other universities, which have often opted to negotiate settlements rather than fight the government's demands.