Politics
ACLU Challenges Washington's Trans Athlete Ban, Citing Equal Rights Amendment
The ACLU of Washington and Legal Voice filed suit Tuesday to block Initiative 638, which requires all girls in school sports to undergo medical sex testing, arguing it violates the state's Equal Rights Amendment and discrimination laws.
The American Civil Liberties Union of Washington and Legal Voice filed a lawsuit Tuesday to block a new state law that would require all girls â both cisgender and transgender â to undergo medical testing to confirm their sex before playing on girls' school sports teams.
The measure, Initiative 638, was approved by about 56% of voters in the November election, according to unofficial returns. It is scheduled to take effect Dec. 3.
The plaintiffs include TransFamilies, a Washington-based nonprofit, and the parents of students who play girls' sports in public schools. The statewide educators union, the Washington Education Association, is represented by Pacifica Law Group.
"Washington has long had strong protections against discrimination. We will fight to stop this law from taking effect and prevent this needless attack on youth in our state," said Adrien Leavitt, a staff attorney for the ACLU of Washington, in a statement.
The lawsuit argues that the law violates the Equal Rights Amendment of Washington's Constitution because it does not require boys to undergo the same testing. It also claims the measure violates procedural requirements for how new laws may amend existing statutes, including the Washington Law Against Discrimination.
Julia Marks, managing director of Legal Voice, said the law "creates an invasive surveillance process that could traumatize young girls across Washington â all in the name of discriminating against trans people."
Proponents of the initiative say it "confirms female only participation in sports," according to Let's Go Washington, a political action committee founded by Brian Heywood, who has bankrolled more than 20 conservative ballot measures.
According to the Washington Interscholastic Activities Association, of the more than 200,000 middle and high school students who play sports in the state, only 10 transgender student-athletes have self-disclosed.
The legal challenge comes as several states have enacted similar restrictions on transgender athletes, setting up broader legal battles over civil rights and school sports. The outcome of the Washington case could influence how other states approach such laws.