ACLU sues Washington state after voters pass measure to ban boys from girls’ sports

Results show that I-638 succeeded by 11 points statewide, with the majority of WA counties voting overwhelmingly in favor of protecting fairness in girls’ sporting competitions. The initiative requires students, as part of a routine sports physical, to provide a signed statement from their healthcare provider that verifies their biological sex through reproductive anatomy, genetic makeup, and/or testosterone levels.

Some counties passed the measure with more than 70 percent support. However, the state’s most highly populated and progressive county, King (Seattle), voted against the initiative at about 58 percent, according to data.

Now, an effort is underway to overturn the will of the people.

The plaintiffs in this case, filed in King County, include the Washington Education Association (WEA), a local nonprofit called TransFamilies, and parents of students whose trans-identifying kids play on girls’ sports teams. The lawsuit was filed on several claims that the law is unconstitutional, according to the complaint.

Plaintiffs contend that the law violates the Equal Rights Amendment of the state constitution by mandating sex verification for all girls and not for boys, as well as claims that it infringes on the privacy rights of students that are protected by Article 1, Section 7.

“Every girl in Washington state deserves a safe place to play sports,” said Diane Bedwell, co-chair of the leftist group No Hate in WA state, according to Komo News.

The popular initiative, spearheaded by “Let’s Go Washington,” was introduced after boys who identify as transgender started competing on girls’ sports teams, wiping out their female competition. Female student athletes from across the state lead the effort, in part. They celebrated the win on election night, with some of the girls even shedding tears of joy.

“I think there can be empathy and sympathy for boys that think they're girls,” said founder of Let’s Go Washington, Brian Heywood, on election night. "There can be a solution in the trans sports arena, but it shouldn't come at the cost of every girl that wants to compete, and I think it's that simple."

The Washington Interscholastic Activities Association (WIAA) told local news that it will implement the new changes under I-638 on December 3.

The plaintiffs want a judge to place the initiative on hold until further court proceedings. Seattle Public Schools (SPS) also announced its intention to sue the state over the law.