Initiative 638 Leads With 56%; ACLU Seeks to Block Girls’ Sports Measure

A court fight is brewing to halt I-638, centering on eligibility and sex verification in girls’ sports. Meanwhile, Let’s Go Washington seeks answers about potential coordination among districts, advocacy groups and state officials.

Initiative 638 appears headed for passage with about 56% support from Washington voters, though results have not yet been certified. Despite that majority support, opponents are asking a judge to block the girls’ sports measure before its scheduled December 3 start. (Election results, KUOW)

The initiative prohibits biological males, including trans-identifying male students, from competing in school sports designated for girls. It also requires a healthcare provider to verify the biological sex of students entering those competitions

Supporters say the measure protects fair competition and opportunities for female athletes. Opponents argue its eligibility and sex-verification requirements violate students’ rights and could lead to intrusive examinations or testing. Let’s Go Washington, the initiative’s sponsor, counters that doctors can verify sex using existing medical records. 

Opponents Seek Court Intervention

Attorneys with ACLU-WA, Legal Voice and Pacifica Law Group filed suit November 9 on behalf of parents, the Washington Education Association and TransFamilies. They seek to pause implementation and ultimately overturn the measure, arguing it violates Washington’s privacy and equal-rights protections. (KUOW, Complaint)

Seattle’s school board authorized potential legal action November 9, citing concerns about student privacy, equal treatment and implementation burdens. “We have a responsibility to seek clarity from the courts,” Board President Gina Topp said in a district statement. The unanimous vote itself does not mean Seattle has filed a lawsuit or decided to disregard the law. (KUOW)

Heywood Calls for Transparency

In a November 11 release, LGW founder Brian Heywood said the organization welcomes the lawsuits and wants potential coordination examined.

“We look forward to the discovery process and the opportunity to uncover any coordination between Hate in Washington State and activist groups, the Governor’s Office, OSPI, and the ACLU to undermine the protections for girls that Washingtonians overwhelmingly supported,” Heywood said.

“We are equally interested in examining whether school districts challenging or refusing to implement this law have coordinated with these same groups and government officials.”

The release did not provide evidence of such coordination.

Schools Face December Deadline

The Washington Interscholastic Activities Association (WIAA) told The Center Square it is preparing rule changes and updated forms for December 3.

Katy Payne, chief strategy officer in Superintendent Chris Reykdal’s office (OSPI), told The Center Square that OSPI has no formal implementation role under the initiative. The office plans to share guidance and information from WIAA and others with school districts as it becomes available.

Unless a court intervenes, the measure remains scheduled to take effect that day. A lawsuit alone does not stop it. (KUOW)

The Highline Journal asked Highline Public Schools how it plans to implement the requirements and notify families, requesting a response by November 12. The district had not responded by publication. We will update this story if a response is received.