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Rights & Freedoms · Report · File No. 261111-400

Parents, teachers' union and ACLU sue to block Washington's trans girls sports ban

A week after voters passed Initiative 638, a coalition filed suit in King County, arguing its sex-verification rules violate the state constitution. The ban is set to take effect Dec. 3.

Every quote in this story (2) was matched word for word against its source. How we work

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A coalition of parents, educators and nonprofit groups sued the state of Washington late Monday over a new ballot initiative that bans transgender girls from girls' K-12 sports teams. They argue the measure conflicts with the state's own constitution 1.

Voters approved the initiative, known as IL26-638, in last week's midterm election with roughly 56 percent of the vote, according to Decision Desk HQ, a firm that tracks election results 1. Counting was still going on when OPB, a public media outlet, reported 57 percent on Nov. 6 2. The ban is set to take effect Dec. 3, the deadline for the Secretary of State to verify the election results 2.

On tapeKGW News · Nov 7
Nov. 7: KGW reports on Washington's passed Initiative 638 and possible legal challenges.Video: KGW News on YouTube, “Ban on trans girls in Washington school sports may face legal challenges”. It plays from YouTube when you press play.

What the lawsuit says

The suit was filed in King County Superior Court. It says the measure imposes "an intrusive sex-verification regime" on girls that will not apply to boys, which it argues violates Washington's Equal Rights Amendment and other parts of the state constitution 1.

Washington's initiative applies only to girls' sports. It is also the only law of its kind that requires students to verify their sex assigned at birth, through genetic or hormone tests or an exam of their reproductive anatomy, to play girls' sports 1.

From Channel GOPSchumer says Trump settled his own lawsuit for $2 billionChuck Schumer · 1.5K plays · captioned, with the source named

Plaintiffs include TransFamilies, a Seattle nonprofit that supports families of gender diverse children. They also include the Washington Education Association, a union of more than 90,000 educators, and five families with transgender and non-transgender daughters on school teams 1. Pacifica Law Group, Legal Voice and the American Civil Liberties Union (ACLU) of Washington represent them 1.

What does it mean to tell a child that they can't be a part of their team? That our state doesn't welcome them in this really important part of their lives?
Adrien Leavitt, staff attorney, ACLU of Washington1

The other side

Darren Littell, executive director of Let's Go Washington, the group behind the initiative, accused the plaintiffs in an emailed statement of attempting to "undermine democracy" 1.

On tapeKIRO 7 News · Nov 6
Nov. 6: KIRO 7 reports voters approved Initiative 638; AP says 56.6% as of Nov. 5.Video: KIRO 7 News on YouTube, “WA voters approve ban on trans athletes in girls’ sports”. It plays from YouTube when you press play.
Girls’ leagues should never have become the all-purpose leagues that these organizations want them to be, and the vast majority of Washington State voters agree that girls should have their sports and spaces protected,
Darren Littell, executive director, Let's Go Washington1

What happens next

The court has not ruled, and the claims in the suit are allegations until a judge decides them. The Washington Interscholastic Activities Association (WIAA), which governs school sports, said it will follow state law and is prepared to make "necessary changes" by Dec. 3 2. It said details, including any physical requirements, are under legal review 2.

The ban's text does not say how birth sex would be verified, OPB reported 2. Brian Heywood, founder of Let's Go Washington, suggested doctors could check electronic health records. A family medicine doctor, Grace Shih, said she would not be comfortable using one appointment's information for another 2.

Why it matters

The WIAA has let transgender students compete in line with their gender identities since 2007 1. It briefly considered changing that in 2024 but dropped the idea after a state attorney general's office review found the change could violate state civil rights laws 1. The group says it knows of about 10 transgender middle and high schoolers among more than 200,000 students who play sports statewide 1.

Similar initiatives passed in Arizona, Nebraska and Colorado, but those measures broadly compel schools to designate teams as male, female or co-ed 1. Washington's is the only one that requires verification. That makes it a different legal test, and the pattern to watch is whether a state court treats a test imposed on every girl differently from a rule aimed at a few players.

The Record

  1. Washington voters approve IL26-638 with roughly 56 percent of the vote, according to Decision Desk HQ 1.
  2. Parents, educators and nonprofits file suit in King County Superior Court 1.
  3. The ban is scheduled to take effect, the Secretary of State's certification deadline 2.
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Sources

  1. The 19th, “Lawsuit quickly follows Washington ballot measure on trans sports participation” (2026-11-10). 19thnews.org/2026/11/washington-trans-sports-ban-lawsuit/
  2. OPB, “Lawsuits likely over Washington's ban on trans girls in sports” (2026-11-06). opb.org/article/2026/11/06/lawsuits-likely-over-washington-b

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