One week after Washington voters approved an initiative to bar transgender girls from competing in girls’ sports, parents are suing to block it.
The legal challenge, filed Monday, argues Initiative 638 violates the state constitution’s right to privacy and antidiscrimination law.
The initiative was pushed by Let’s Go Washington, the conservative political organization led by hedge fund manager Brian Heywood. It requires verification of a student athlete’s sex assigned at birth before playing girls’ sports.
Initiative 638 has 56% of the vote, with ballots left to be tallied as of Tuesday morning, but it is sure to pass. Left-leaning voters helped pass the ballot measure, while two other Let’s Go Washington initiatives failed.
The plaintiffs in the lawsuit, filed in King County Superior Court, are TransFamilies, a nonprofit organization, the Washington Education Association and parents of both cisgender and transgender public school students who play girls’ sports. They’re represented by Pacifica Law Group, Legal Voice and the American Civil Liberties Union of Washington.
They say the initiative unlawfully imposes “an intrusive sex-verification regime” for girls that won’t be required for boys, and that it discriminates based on sex and gender identity in violation of state law. All students must get a doctor’s OK to be eligible for school sports, but opponents of the initiative say the verification requirement takes it a step too far.
The Washington Interscholastic Activities Association led the nation with policy allowing student-athletes to compete on the teams that align with their gender identity. The association says just 10 or so student-athletes have disclosed being transgender, but the WIAA doesn’t require disclosure.
The initiative takes effect Dec. 3. The lawsuit seeks to stop the initiative from being implemented that day, the deadline for the secretary of state to certify election results. The state attorney general’s office is tasked with defending voter-backed initiatives.
“When a new law is passed by the people or the Legislature, our role is to ensure it is defended regardless of our personal views about the policy,” said AG spokesperson Mike Faulk in an emailed statement. “We will review litigation as it comes and discuss next steps.”
Let’s Go Washington responded to news of the lawsuit with a statement from Darren Littell, the group’s executive director.
“The ACLU, the Seattle School Board, Hate in Washington State and anyone else can raise lawsuits about protecting girls’ sports all day, but their true colors are showing. They want boys in girls’ sports at all costs, and they are willing to undermine democracy to get them there,” the statement said.
“Girls’ leagues should never have become the all-purpose leagues that these organizations want them to be, and the vast majority of Washington State voters agree that girls should have their sports and spaces protected. We look forward to the Attorney General defending the law enacted by Washington State voters and expect the OSPI and WIAA to ensure that all school districts protect fairness for girls’ starting on December 3rd.”
Other states passed similar initiatives restricting athletic participation for transgender students amid ongoing rhetoric against transgender people across the country, including from the federal government.
This is a developing story. Check back for updates.
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