The Seattle Public Schools Board of Directors is set to vote Monday night on whether to authorize legal action over Initiative 638, the statewide measure requiring girls to verify their sex before playing on girls' public-school sports teams. The vote comes less than a month before the law is scheduled to take effect.
According to KUOW, Washington voters approved Initiative 638 with 56 percent support, and the measure requires girls seeking to play girls' sports to undergo a genital check, take a testosterone hormone test, or submit to a chromosome test. The proposed resolution before the board would authorize Superintendent Ben Shuldiner and the district's legal counsel to pursue legal action over the initiative, the outlet reported.
Board president Gina Topp told the station that the initiative's legality is unclear, and said the district has a duty to seek clarification when a law's legality is in question. The board already adopted a resolution opposing Initiative 638 unanimously in September, per the same account, setting the stage for Monday's potential follow-up vote.
What the Measure Actually Requires
Under Initiative 638, girls must verify their sex through reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels, according to KOMO News, which reported that voters passed the initiative by a 13-point margin. The station reports the law is set to go into effect on December 3, 2026.
The measure applies to public K-12 schools and to private schools that participate in the WIAA or similar nonprofit organizations, and it does not apply to boys' sports, The News Tribune reported. Fact-checking site Snopes notes that, in theory, the law does not explicitly require genital exams for anyone because it provides three separate options for sex verification.
Initiative 638 reverses a policy, dating back to 2007, that had allowed students to play on teams matching their gender identity, per KUOW's reporting. The Snopes report also notes that the Washington Interscholastic Activities Association said it was aware of 10 transgender student athletes total in the state, though it was unclear how many were trans boys as opposed to trans girls.
Backers Cite Fairness, Critics Weigh Court Fight
Supporters of the initiative said it would address fairness and safety concerns in girls' sports. Brian Heywood, a conservative hedge fund manager and founder of Let's Go Washington, which backed the initiative, said the new rules would not change existing medical requirements for students, as reported by KUOW.
The Gender Justice League is considering legal action over Initiative 638, according to the same KUOW report. Washington state law, under RCW 49.60.500, bars cities, towns, counties or districts from discriminating against any person on the basis of sex in operating, conducting or administering community athletics programs for youth or adults — a statute that could factor into any future legal dispute over the initiative.
Part of a Broader Wave of State Ballot Measures
Washington was one of four states with ballot initiatives addressing sex-based eligibility requirements for school sports this election cycle, alongside Arizona, Colorado and Nebraska, The News Tribune reported. KOMO News reported that Colorado voters passed a similar law, while Arizona and Nebraska voters approved measures strengthening existing bans.
With the new law, Washington joins 26 other states around the country with restrictions on transgender students playing sports, according to KUOW's earlier reporting on the measure.
The Seattle Public Schools board meeting is scheduled for 6:30 p.m. Monday at the John Stanford Center, the district's headquarters in Seattle.
