Opponents of Washington state Initiative 638 are suing in an attempt to block the ban on transgender girls in girls’ school sports from taking effect.
Attorneys for Legal Voice, the American Civil Liberties Union of Washington, and Pacific Law Group said they filed a lawsuit against the initiative Monday night on behalf of the state teachers’ union, a Seattle nonprofit, and a number of student-athlete parents. The state of Washington is the defendant.
Voters approved I-638 in the Nov. 3 election with about 56% of the vote. Supporters argued that the initiative would ensure fairness in girls’ sports. Opponents called it discriminatory and harmful against transgender and cisgender girls.
The lawsuit says school sports are an essential part of public education in Washington, including for transgender students.
It argues that I-638 discriminates against all girls and infringes on their privacy by requiring them to verify their sex before they can play school sports. It also argues that the initiative discriminates against transgender girls by excluding them from girls’ sports.
The lawsuit accuses I-638 of violating provisions of the state constitution related to privacy, equal rights, and the right to equal education. It also accuses the initiative of violating state antidiscrimination laws.
Filed in King County Superior Court, it asks a judge to rule against I-638 and stop it from taking effect Dec. 3 as scheduled.
The plaintiffs are the Washington Education Association teachers’ union, the nonprofit TransFamilies, and multiple Washington parents.
“Washington educators are committed to fair and welcoming schools where all students can thrive,” Washington Education Association President Janie White said in a statement. “This new requirement is in direct conflict with the state’s paramount duty to educate our children without discrimination.”
Sports give young people “a place to make friends and be part of a team,” added Adrien Leavitt, staff attorney for the ACLU of Washington.
“Initiative 638 seeks to deny transgender girls those opportunities,” Leavitt said. “We will fight to stop this law from taking effect and prevent this needless attack on youth in our state.”
The initiative was advanced by Let’s Go Washington, a political action committee sponsored by Redmond hedge fund manager Brian Heywood.
Opponents of I-638 “can raise lawsuits about protecting girls’ sports all day, but their true colors are showing” because they’re “willing to undermine democracy” to get their way, Darren Littell, executive director of Let’s Go Washington, said in a statement Tuesday.
“The vast majority of Washington state voters agree that girls should have their sports and spaces protected,” Littell added. “We look forward to the attorney general defending the law.”
The state attorney general’s office defends the state in lawsuits against it.
“When a new law is passed by the people or the Legislature, our role is to ensure it is defended regardless of our personal views about the policy,” a spokesperson for Attorney General Nick Brown’s office said in a statement. “We will review litigation as it comes and discuss next steps.”
