The battle over girls’ sports is moving from ballot boxes to courtrooms as the years-long national debate has gotten a new wrinkle this month.
Democrats are turning Election Day victories for the “save women’s sports” movement into fresh fights to reject the will of American voters.
Voters in four states approved measures restricting transgender participation in school sports this month, but Democratic leaders in Washington and Colorado are either backing court challenges or considering changes to what voters passed.
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The results highlight a divide between approval at the ballot box and acceptance among political leaders, even as some officials and athletic administrators commit to following the new laws.
Washington: Democrats back court challenges
Washington’s Initiative 638 passed with roughly 56% support. It prohibits biological males from competing in female school sports and requires students seeking to participate in girls’ athletics to provide healthcare documentation verifying their sex.
The Washington State Democratic Party quickly made clear that it supported continued resistance.
“The fight over I-638 is just beginning,” the party said in a Nov. 6 statement.
The party argued the initiative violates the constitution and endorsed organizations planning court challenges.
The ACLU of Washington, Legal Voice and Pacifica Law Group subsequently sued on behalf of the state teachers union, a nonprofit and parents. The lawsuit argues that the measure discriminates against transgender girls and imposes unequal privacy burdens on girls seeking to play school sports.
The challengers seek to prevent the initiative from taking effect Dec. 3.
Seattle’s school board separately authorized legal action over the measure, citing concerns about privacy, equal treatment and conflicts with existing protections. That authorization allows the district to pursue legal action; it does not itself suspend the initiative.
Democratic Attorney General Nick Brown, meanwhile, appointed outside law firm Bryan Cave Leighton Paisner to defend the law on the state’s behalf.
“My personal views do not dictate what laws get defended or the strength of that defense,” Brown said.
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Brown said the arrangement would ensure the initiative receives a defense while allowing his office to continue its other work protecting transgender rights.
Alliance Defending Freedom filed a motion on behalf of Female Athletes United to defend Washington’s voter-approved girls sports initiative against an ACLU-backed lawsuit, arguing that the state cannot adequately represent the athletes’ interests, on Friday.
The Nov. 13 motion asks King County Superior Court to allow Female Athletes United to join the case as a defendant to defend Initiative 638. The request seeks the court’s permission to participate; it is not an order granting intervention.
Colorado: Democratic governor-elect signals changes
In Colorado, voters approved Proposition 134 with approximately 52% support, requiring school and college sports teams to be designated male, female or coeducational and generally tying participation to biological sex.
Democratic Gov.-elect Phil Weiser has already signaled an interest in changing the measure.
“We’re going to have to take a look at these anti-trans measures and what adjustments are necessary and appropriate,” Weiser said after the election, according to reporting by The Colorado Sun published by Colorado Public Radio.
Weiser raised concerns about potentially invasive eligibility verification. The measure does not expressly require genital examinations or establish a uniform statewide verification process.
He had not outlined specific changes in the reporting reviewed. Because Proposition 134 changes state law rather than the constitution, lawmakers can amend it without another statewide vote.
Demonstrators in Denver have demanded repeal. Supporters, including Protect Kids Colorado, have accused Weiser of disregarding the electorate’s decision.
Colorado’s athletic administrators have taken a more direct position on compliance.
“Like every member school, CHSAA must comply with the new law,” a Colorado High School Activities Association spokesperson told Colorado Public Radio.
Denver Public Schools also said it would support students while following state law. The measure is scheduled to take effect Jan. 1, 2027.
Arizona: Measure passes despite Democratic opposition
Arizona voters approved Proposition 318 with approximately 59% support, expanding an existing law restricting male participation in girls’ sports.
The legislature referred the measure to voters with Republican support and Democratic opposition. Democratic Gov. Katie Hobbs had vetoed similar legislation in previous years.
The proposition also restricts access to bathrooms, locker rooms and other private spaces based on sex recorded on an original birth certificate. It removes an existing provision allowing girls to participate on boys’ teams.
A pre-election lawsuit challenged the proposal, but a judge rejected the argument that it violated the single-subject rule and allowed it to remain on the ballot.
Opposition continued after passage. The ACLU of Arizona condemned the result, arguing that the measure further excludes transgender students.
“Lawmakers showed they would rather villainize vulnerable groups than defend our rights when they sent bad policies to the ballot, and unfortunately, some of those measures passed.” said Victoria López, executive director for the ACLU of Arizona. “Proposition 317 will do nothing to make border communities safer, and risks labeling U.S. citizens and people seeking asylum as ‘terrorist organizations,’ Proposition 318 broadens an existing ban targeting trans student athletes to further ostracize kids who simply want to participate alongside their peers.”
That statement did not announce a new lawsuit against Proposition 318. The absence of an announced post-election Democratic effort to block it should not be confused with an endorsement by Democrats who opposed it.
Nebraska: Voters approve constitutional protections despite opposition
Nebraska’s Initiative 442 received roughly 68% support, placing restrictions on male participation in female school and college sports into the state constitution.
A voter guide published by the Nebraska Democratic Party recommended voting against it.
The proposal also survived a pre-election legal challenge. The Nebraska Supreme Court ruled Oct. 16 that the petition’s statement of purpose satisfied state requirements, rejecting an effort to keep the measure off the ballot.
The ACLU of Nebraska criticized the result after passage and said it would monitor potential harassment and discrimination against students. Its statement did not announce a new lawsuit.
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Unlike Colorado’s statutory measure, Nebraska’s constitutional amendment cannot be undone through an ordinary legislative amendment. It reinforces a sports restriction already established in state law.