A coalition led by the ACLU of Washington filed suit Monday in King County Superior Court seeking to block Initiative 638, the ballot measure restricting transgender athletes from girls’ school sports that Washington voters approved a week earlier.
The suit names TransFamilies, the Washington Education Association, and parents of both transgender and nontransgender students who play girls’ sports as plaintiffs. They are represented by Pacifica Law Group alongside the ACLU and Legal Voice.
“We’re filing a lawsuit on behalf of a coalition of Washington parents and educators to stop the implementation of Initiative 638, a discriminatory law that bans transgender girls from participating in girls’ school sports,” the ACLU of Washington said in a statement.
The filing argues the initiative violates privacy protections and antidiscrimination provisions in the state constitution, according to the Washington State Standard.
What the initiative does
Voters approved the measure in the Nov. 3 election, with unofficial returns compiled by Ballotpedia showing roughly 56% support as of Monday night. It would bar students the measure defines as biologically male from competing with or against female students in designated girls’ interscholastic athletics. Students seeking to compete in those events would need to submit a health care provider’s statement verifying biological sex based on reproductive anatomy, genetic makeup or naturally produced testosterone levels.
Brian Heywood’s organization, Let’s Go Washington, led the campaign for the measure, framing it as a fairness protection for female athletes. “To every female athlete who wondered whether her voice mattered: tonight, Washington heard you,” Heywood said in an election-night statement reported by the Washington State Standard.
Competing arguments over verification
The ACLU says the measure undoes nearly two decades of state policy letting transgender students play on teams matching their gender identity.
“Discrimination has no place in our state or in our schools. For nearly two decades, Washington law has allowed transgender students to participate in sports and on teams consistent with their gender identity — a successful approach that has been a model for other states,” the organization said. “Initiative 638 seeks to deny transgender girls equal opportunities simply because of who they are. It is discrimination, and it threatens all girls who play sports at school.”
The medical verification requirement is the most contested element. Opponents warn it could lead to intrusive physical examinations and discourage participation among girls generally. Heywood has told KNKX and KUOW that doctors should be able to rely on existing patient records to confirm biological sex, though the initiative itself does not specify that procedure.
Timeline and school district response
The measure is scheduled to take effect Dec. 3, and the lawsuit seeks to stop that from happening, according to the Washington State Standard. The Washington Interscholastic Activities Association has said its executive board can amend its handbook to reflect changes in state law, and that state championship events will proceed under current rules until the law changes, per reporting from The Spokesman-Review.
Separately, the Seattle School Board voted Monday to authorize Superintendent Ben Shuldiner and district legal counsel to pursue legal action of its own over the initiative. Board members cited concerns about student privacy and equal protection, arguing the courts should resolve any conflict between the initiative and the district’s other legal obligations, according to Seattle’s Child.
