The ACLU of Washington announced a lawsuit to stop the state’s newly approved restrictions on transgender athletes in girls’ school sports, moving the fight from the ballot box to the courts a week after voters backed Initiative 638.
The organization said it is acting on behalf of a coalition of Washington parents and educators. Its announcement named Legal Voice, TransFamilies and the Washington Education Association as groups involved in the challenge.
“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.
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The lawsuit was filed Monday in King County Superior Court, according to the Washington State Standard. Plaintiffs include TransFamilies, the Washington Education Association and parents of transgender and nontransgender students who participate in girls’ sports. Pacifica Law Group is representing them alongside the ACLU and Legal Voice.
The challenge argues the initiative violates state constitutional privacy protections and antidiscrimination law, the outlet reported.
Washington voters approved the measure in the Nov. 3 election. Unofficial returns compiled by Ballotpedia showed approximately 56% support as of Monday night.
The measure would bar students it defines as biologically male from competing with or against female students in designated girls’ interscholastic athletic competitions. Students seeking to participate in those competitions would have to submit a statement from a health care provider verifying their biological sex based on reproductive anatomy, genetic makeup or naturally produced testosterone levels.
Supporters, led by Brian Heywood’s conservative political organization Let’s Go Washington, argue the restrictions protect fairness and athletic opportunities for girls.
“To every female athlete who wondered whether her voice mattered: tonight, Washington heard you,” Heywood said in an election statement reported by the Washington State Standard.
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The ACLU said the initiative would reverse nearly two decades of allowing transgender students to participate on teams consistent with 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 has become a central point of contention. Opponents say it could subject girls to intrusive examinations and discourage participation. Supporters dispute that additional examinations would be necessary, arguing existing medical records and routine sports physicals can establish eligibility.
Heywood told KNKX and KUOW that doctors should consult patient records to verify biological sex, although that specific procedure is not spelled out in the initiative.
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The legal fight comes as schools prepare for the measure’s scheduled Dec. 3 effective date.
The Washington Interscholastic Activities Association has said its executive board can revise its handbook to comply with changes in state law. Its statement indicated state championship events would proceed under current law until that law changes, according to reporting published by The Spokesman-Review.
Separately, the Seattle School Board voted Monday to authorize Superintendent Ben Shuldiner and district legal counsel to pursue legal action over the initiative.
Board members raised concerns about student privacy and equal protection, arguing courts should resolve potential conflicts between the initiative and other legal obligations, according to Seattle’s Child.
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The ACLU-backed lawsuit seeks to prevent the restrictions from taking effect Dec. 3, according to the Washington State Standard.