Parents, groups file suit against transgender student-athlete initiative • Washington State Standard

A week after Washington voters approved an initiative banning transgender girls from participating in girls’ sports, parents have filed a lawsuit to block the initiative.

THE legal challengefiled Monday, claims Initiative 638 violates the right to privacy and anti-discrimination law enshrined in the state constitution.

THE the initiative was pushed by Let’s Go Washingtonthe conservative political organization led by hedge fund manager Brian Heywood. It requires verification of a student-athlete’s sex assigned at birth before playing women’s sports. This can be achieved by examining the student’s “reproductive anatomy, genetic makeup, or normal levels of endogenously produced testosterone,” according to the initiative.

Initiative 638 received 56% of the vote, with vote counting still to be done Tuesday morning, but it is sure to pass. Left-leaning voters helped pass the ballot measure, while two other Let’s Go Washington initiatives failed.

The plaintiffs in the lawsuit, filed in King County Superior Court, are TransFamilies, a nonprofit organization, the Washington Education Association and parents of cisgender and transgender public school students who play girls’ sports. They are represented by Pacifica Law Group, Legal Voice and the American Civil Liberties Union of Washington.

“Sports gives young people a place to make friends and be part of a team, but Initiative 638 seeks to deprive transgender girls of these opportunities simply because of who they are,” Adrien Leavitt, attorney for the ACLU of Washington, said in a press release. “Washington has long had strong anti-discrimination protections and we will ensure these laws are enforced to prevent this law from taking effect and prevent this unnecessary attack on transgender youth in our state.”

The complaint says the initiative illegally imposes “an intrusive gender verification regime” for girls that will not be required for boys, and discriminates on the basis of sex and gender identity, in violation of state law. All students must have a doctor’s approval to participate in school sports, but opponents of the initiative say the verification requirement goes too far.

The Washington Interscholastic Activities Association led the nation with a policy allowing student-athletes to compete on teams that match their gender identity. The association says only about 10 student athletes have disclosed that they are transgender, but the WIAA does not require that disclosure.

The initiative comes into force on December 3. The lawsuit seeks to block the initiative from being implemented on that day, the deadline for the secretary of state to certify the election results. The state attorney general’s office is responsible for defending voter-supported initiatives.

“When a new law is passed by the people or by Parliament, our role is to ensure that it is defended, regardless of our personal views on the policy,” AG spokesman Mike Faulk said in an emailed statement. “We will review the disputes as they arise and discuss next steps.”

Let’s Go Washington responded to news of the lawsuit with a statement from Darren Littell, the group’s executive director.

“The ACLU, the Seattle School Board, Hate in Washington State and anyone else can sue to protect girls’ sports all day long, but their true colors are showing. They want boys to participate in girls’ sports at all costs and are willing to undermine democracy to get them there,” the statement said.

“Girls’ leagues should never have become the all-purpose leagues these organizations want them to be, and the vast majority of Washington state voters agree that girls should have their sports and spaces protected. We look forward to the Attorney General defending the law enacted by Washington state voters, and we expect OSPI and the WIAA to ensure that all school districts protect equity for girls starting December 3.”

Other states have adopted similar initiatives restricting the athletic participation of transgender students, part of ongoing efforts to limit transgender people’s participation in public life across the country, including by the federal government.