Parents, a statewide teachers union and a nonprofit group have sued to stop Washington's Initiative 638 from taking effect next month, arguing the measure's sex-verification requirement for girls' school sports violates the state constitution. The lawsuit lands just days after the initiative appeared headed toward passage at the ballot box, with the Dec. 3 implementation date now squarely in the legal crosshairs.
Who's Behind the Lawsuit and What They're Arguing
The case was filed in King County Superior Court by TransFamilies, a nonprofit organization, the Washington Education Association, and parents of both cisgender and transgender public school students who play girls' sports, according to the Washington State Standard. The plaintiffs argue Initiative 638 violates the state constitution's right to privacy and antidiscrimination law. Central to their complaint is the claim that the measure unlawfully imposes what they call “an intrusive sex-verification regime” for girls that won't be required for boys.
Initiative 638 requires verification of a student athlete's sex assigned at birth before that student can play girls' sports, the Standard's report notes. The initiative is scheduled to take effect Dec. 3, and the lawsuit seeks to stop it from being implemented that day. As of Tuesday morning, the measure had 56% of the vote, with ballots still left to be tallied, per the same report.
A Policy Dating Back Nearly Two Decades
The fight centers on a Washington Interscholastic Activities Association policy that has governed the question for years. The association has had a policy dating to 2007 allowing student-athletes to compete on teams that align with their gender identity, making it a national first when adopted, the Standard reports. The WIAA says only about 10 or so student-athletes have disclosed being transgender, though the association does not actually require such disclosure.
The state's Office of Superintendent of Public Instruction, meanwhile, says it plays no formal role in overseeing school athletics programs, according to KATU. That outlet also reported that a group of educators, parents and others gathered in Seattle on Oct. 17 to canvass against both I-638 and a separate measure, I-001.
Seattle Schools Weigh Their Own Legal Response
The lawsuit isn't the only legal pushback the initiative is facing. The Seattle Public Schools board approved a resolution Monday authorizing the district to hire legal counsel and pursue potential legal action against Initiative 638, FOX 13 Seattle reported. As of Tuesday, though, the district said it had not decided what legal action it may actually take, according to the same report.
Membership figures for the Washington Education Association, one of the lawsuit's plaintiffs, vary by source. Erin in the Morning describes the union as representing over 80,000 members, while the ACLU of Washington describes it as a statewide union representing more than 90,000 educators.
Washington Joins a Broader Wave of Ballot Fights
Washington is the first state where one of this year's anti-trans ballot measures has been challenged in court after passing, according to Erin in the Morning. The outlet reported that Colorado voters narrowly approved both a sports ban and a surgery ban for transgender youth this cycle, while voters in Arizona and Nebraska passed measures of their own.
Separately, a Washington statute, RCW 49.60.500, bars third parties that receive a lease or permit for a community athletics program from discriminating on the basis of sex in operating those programs, according to the Washington State Legislature.
For now, the central questions remain unresolved: whether a judge will intervene before Dec. 3, and whether Initiative 638's vote count holds once all ballots are tallied. The ACLU of Washington, which is representing the plaintiffs, confirmed the filing in a statement announcing the case.
