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The Trump administration is suing California to overturn a 2013 state law that gives transgender students the right to choose which school sports team they play on and which locker rooms they use.
A recent poll from the Public Policy Institute of California found 71 percent of California public school parents support President Trump’s executive order requiring transgender athletes to play on teams based on “sex and not gender identity.”
In our ongoing accountability interview series, several candidates for California governor told CBS News California they want to repeal that law – or other state laws.
One candidate suggested he’d have the California attorney general sue the state to overturn the law that lets transgender student athletes choose their school sports teams based on gender identity.
California Attorney General Rob Bonta is currently fighting to defend that law in federal court, a law he voted to pass when he was a state assemblymember.
AG Bonta scoffed at the notion that the next governor could force him to sue the state to overturn state law.
“First, I do not answer to the governor,” Bonta said.
A CBS News California fact check found, technically, he does.
The California Constitution clearly states that the Attorney General is the chief law enforcement officer of the state. But it also says he’s subject to the power of the governor.
Jerry Brown, when he was attorney general, and Kamala Harris after him both refused to defend California’s Prop 8 same-sex marriage ban. But in that case, someone else sued the state to overturn state law.
In this case, it would be the governor suing the state.
Multiple constitutional law experts we interviewed agree that if the attorney general refuses to represent the governor, the governor could use state funds to hire outside counsel.
So while a governor can’t force an AG to sue the state, the AG can’t prevent the governor from suing his own agencies to overturn state law.
Steve Hilton plans to use the California Attorney General to overrun state law
The following is a transcript from a CBS News California Investigates interview with Republican candidate for California governor Steve Hilton.
Hilton: And I think this legislation has ended up creating tension and division, which shouldn’t be there. And so, I’d like to repeal that legislation. The governor has the right to challenge and overturn legislation through the courts if the governor believes that it violates the state constitution. We believe that that legislation is weak.
Julie Watts: Who’s we?
Steve Hilton: Me and my legal team. (We believe) it violates the California Constitution in two specific places. Section 28, which guarantees safe schools, and section 31, which bans gender discrimination. Most Californians want that to change. Every poll shows that.
Julie Watts: You’re already coming in saying we think there are several California laws that are unconstitutional and you’re going to come in with your lawyers and try to overturn them.
Steve Hilton: So first I’ll ask the legislature to overturn it, that’d be my first step.
Julie Watts: I’m going to go out on a limb and say, if we still have a supermajority legislature, it’s not going to happen, but okay, assuming they don’t overturn it. How does that work with the state attorney general? So the attorney general is elected…
Steve Hilton: Actually, the attorney general is required to file that lawsuit if the governor determines that it violates the state constitution regardless of party.
Attorney General Rob Bonta says he doesn’t answer to the governor
The following is a transcript from a CBS News California Investigates interview with California Attorney General Rob Bonta.
Julie Watts: I mean, legally speaking, you have to have thought about this. If you have a Republican governor who comes to you and says, ‘Sir, you have file this lawsuit on behalf of the state of California to overturn an existing state law because I believe it’s unconstitutional.’ How do you as AG handle that?
Rob Bonta: First, the governor is not my boss. My boss is the people of the state of California. I’m independently elected. I’m an independent constitutional officer. I do not answer to the governor. I don’t take direction from him.
Julie Watts: But your office is his legal representation.
Rob Bonta: They are, when the governor seeks it, they are my client. The governor is my client.
Julie Watts: So Steve Hilton, though, could be your client, and he could say, I want you to file this lawsuit on my behalf.
Rob Bonta: Right, and I can’t do things that are unethical, violate my professional obligations, and they’re unlawful. I generally defend the laws of the State of California. That is my duty, unless they’re unconstitutional. Sometimes, there’s a rare example; Kamala Harris thought Prop. 8 was unconstitutional, she refused to defend it. But we generally are defending the laws of the State of California. We go through the court process and if a court decides against us and strikes it down, then we will. But the AG doesn’t attack laws of the State of California at the request of a governor. That’s just that’s not a thing.
Following this interview with CBS News California, multiple sources confirm that Bonta is now considering jumping in the governor’s race himself.
California governor candidate interview series
These interviews are part of an ongoing political accountability series lets viewers easily compare the top-polling candidates for California governor.
The “One Question” segments introduce voters to each candidates, revealing how they might govern based on their opinion of current California leadership.
The ‘Side-by-side on the issues’ segments let viewers select the issue that matter most to them and easily compare the candidates’ differing viewpoints and plans.
Watch the ongoing series on this CBS News California Investigates YouTube playlist and read more here.
