The ACLU of Washington announced it is filing a lawsuit to block Initiative 638, a new state law restricting transgender athletes in girls' school sports, just a week after voters approved the measure. The lawsuit, filed in King County Superior Court, argues the initiative violates the state constitution's privacy protections and antidiscrimination law.
The legal challenge is brought on behalf of a coalition including parents, educators, and groups such as TransFamilies and the Washington Education Association. The ACLU stated that the initiative is discriminatory and bans transgender girls from participating in girls' school sports.
Washington voters approved Initiative 638 on November 3, with unofficial results showing approximately 56% support. The measure prohibits students defined as biologically male from competing in designated girls' interscholastic athletic competitions. To participate, athletes must provide a statement from a healthcare provider verifying their biological sex based on reproductive anatomy, genetic makeup, or naturally produced testosterone levels.
Supporters, led by the conservative organization Let's Go Washington, contend the restrictions are necessary to protect fairness and athletic opportunities for girls. Brian Heywood, a leader of the group, stated that the initiative "heard" female athletes.
The ACLU asserts that Initiative 638 reverses nearly two decades of policy that allowed transgender students to participate in sports consistent with their gender identity. The organization called the initiative discriminatory and a threat to all girls participating in school sports.
Contention has focused on the medical verification requirement. Opponents argue it could lead to intrusive examinations and discourage participation, while supporters suggest existing medical records and routine physicals should suffice. Heywood indicated that doctors should consult patient records to verify biological sex, though the initiative does not specify this procedure.
The lawsuit seeks to prevent the initiative from taking effect on its scheduled December 3 implementation date. The Washington Interscholastic Activities Association has stated its executive board may revise its handbook to align with changes in state law. The Seattle School Board has also voted to authorize legal action concerning the initiative, citing concerns about student privacy and equal protection.