The California Legislature has voted down a bill that would have barred students from using sex-segregated programs and facilities based on gender identity, after Governor Gavin Newsom acknowledged concerns about fairness in sports during a podcast discussion with conservative activist Charlie Kirk.

Assembly Bill 844, authored by Republican Assemblymember Bill Essayli, aimed to require students to participate in school programs and use facilities based on their biological sex rather than their gender identity. The bill was struck down in its first committee vote, receiving support only from the two Republican members.

A Debate on Fairness and Inclusion

Newsom, while speaking with Kirk on his podcast, expressed agreement that allowing biological males to compete in girls’ sports raises fairness concerns.

“Well, I think it’s an issue of fairness. I completely agree with you on that … it’s deeply unfair,” said Newsom when Kirk raised the issue.

Essayli, who resigned from the Assembly on Tuesday for a federal appointment, defended the bill as a necessary measure to protect fairness and safety in girls’ sports and facilities.

“California’s current policy allowing biological males to compete in girls’ sports and access female locker rooms is not only unfair —it’s dangerous,” wrote Essayli in support of the bill. “It violates the privacy of our students, robs female athletes of their hard-earned opportunities and undermines the very intent of Title IX.”

Title IX, a federal law prohibiting sex-based discrimination in federally funded education programs, has been at the center of ongoing national debates over transgender participation in sports.

Opposition and Legislative Defeat

Opponents of AB 844 argued that the bill would discriminate against transgender students and create hostile environments in schools.

“The bill would discriminate against transgender individuals and prohibit them from playing school sports — even if they have been living consistent with their gender identity and receiving treatment for gender dysphoria, for years,” wrote Equality California. “The bill would also invite scrutiny and harassment of any student perceived as not conforming to sex stereotypes, and violate student privacy by requiring students to answer invasive personal questions if they want to play sports or even to use the bathroom.”

During Wednesday’s press conference, Newsom acknowledged the complexity of the issue but emphasized that addressing it was not his top priority.

“How can you make this fair? And I haven’t been able to figure it out,” said Newsom. “This is not where all my energy flows. You’re talking about a very small number of people.”

Despite Newsom’s comments on fairness, the bill ultimately failed, with Assembly Speaker Robert Rivas (D-Hollister) abstaining from the vote while other Democrats voted in opposition.

Ongoing Debate

The rejection of AB 844 highlights the deep divide over gender identity policies in school sports and facilities. While supporters argue that the bill would have protected fairness and privacy, opponents maintain that it would have unfairly singled out and excluded transgender students.

As the national debate over transgender rights in sports and education continues, California remains committed to policies that support gender identity inclusion, despite ongoing discussions about competitive fairness.