Politics
Lawsuit Seeks to Block Washington's Transgender Girls Sports Ban Before It Takes Effect
A coalition of families, educators, and civil rights groups sued Washington state to stop Initiative 638, which bars transgender girls from K-12 girls' sports, arguing its sex-verification process violates the state constitution and students' privacy. The measure, approved by 56% of voters, is set to take effect Dec. 3, and plaintiffs are seeking an emergency injunction.
A coalition of parents, educators, civil rights attorneys, and LGBTQ+ advocates filed suit Monday night to halt Initiative 638, the voter-approved measure that bars transgender girls from playing on girls' K-12 school sports teams in Washington state. The lawsuit, brought in state court, argues that the initiative's sex-verification process violates the Washington Constitution and students' right to privacy.
The plaintiffs include five families with daughters who play school sports, two of whom are transgender girls. The Washington Education Association, the state's largest teachers union, and TransFamilies, a nonprofit that supports families with transgender children, are also plaintiffs. They are represented by the ACLU of Washington, Legal Voice, and Pacifica Law Group.
I-638 passed with 56% of the vote in last week's midterm election and is scheduled to take effect on Dec. 3. The legal team is asking for an emergency injunction so the measure would not be enforced while the case proceeds. The Washington Attorney General's Office will defend the initiative.
The suit centers on how schools would determine which students are eligible for girls' teams. Adrien Leavitt, a staff attorney at the ACLU of Washington, told KUOW's "Soundside" that the initiative effectively amends the Washington Law Against Discrimination, which includes gender identity and expression as protected categories, without saying so in its text.
"The initiative needs to be transparent that it is amending the Washington Law Against Discrimination and permitting discrimination against transgender girls, and that was not a part of the text," Leavitt said.
Darren Littell, executive director of Let's Go Washington, which backed I-638, disputed the privacy claims, calling them based on "false assumptions." He said doctors already know whether a student is transgender and that information can be shared with schools without violating privacy.
"What we've seen work in other states is just saying, 'Is this individual eligible for girls' sports, yes or no,'" Littell said. "That has nothing to do with releasing any kind of private information. All it does is say whether or not that person is eligible for girls' sports."
The case puts Washington at the center of a national fight over transgender students' participation in school athletics. Supporters of I-638 argue the ban protects fairness in girls' sports, while opponents say it singles out a small group of students and imposes invasive eligibility checks. The lawsuit's outcome could determine whether the measure takes effect next month or is paused until the courts resolve the constitutional questions.
For families across the state, the Dec. 3 effective date looms large. Parents involved in the suit say their daughters simply want to keep playing alongside their teammates, and the teachers union has warned that schools could be forced to administer verification procedures that intrude on students' privacy. The injunction request is now before the court, with a ruling expected before the measure is set to begin.