Parents, groups sue over transgender student athletes initiative

One week after Washington voters approved an initiative to bar transgender girls from competing in girls’ sports, parents are suing to block it.

The legal challenge, filed Monday, argues Initiative 638 violates the state constitution’s right to privacy and antidiscrimination law. 

The initiative was pushed by Let’s Go Washington, the conservative political organization led by hedge fund manager Brian Heywood. It requires verification of a student athlete’s sex assigned at birth before playing girls’ sports.

Initiative 638 has 56% of the vote, with ballots left to be tallied as of 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 both cisgender and transgender public school students who play girls’ sports. They’re represented by Pacifica Law Group, Legal Voice and the American Civil Liberties Union of Washington.

They say the initiative unlawfully imposes “an intrusive sex-verification regime” for girls that won’t be required for boys, and that it discriminates based on sex and gender identity in violation of state law. All students must get a doctor’s OK to be eligible for school sports, but opponents of the initiative say the verification requirement takes it a step too far.

The Washington Interscholastic Activities Association led the nation with policy allowing student athletes to compete on the teams that align with their gender identity. The association says just 10 or so student athletes have disclosed being transgender, but the WIAA doesn’t require disclosure.

The initiative takes effect Dec. 3. The lawsuit seeks to stop the initiative from being implemented that day, the deadline for the secretary of state to certify election results.

Let’s Go Washington didn’t immediately provide comment on the lawsuit. The state attorney general’s office is tasked with defending voter-backed initiatives.

Other states passed similar initiatives restricting athletic participation for transgender students amid ongoing rhetoric against transgender people across the country, including from the federal government.

This is a developing story. Check back for updates.