Seattle, Washington: School Board Authorizes Legal Action Over Initiative 638 as Lawsuit Is Filed

Seattle Public Schools has moved to challenge Initiative 638 in court. The district board of directors voted unanimously at a special meeting on Monday, November 9, to authorize legal action against the statewide measure, which bars transgender students from girls school sports and takes effect on December 3.

The board adopted Resolution No. 2026/27-11. It allows the district to hire legal counsel and take any legal action necessary to protect students and school interests, and directs Superintendent Ben Shuldiner to use the courts to prevent harm to students from implementing the measure, according to USA TODAY.

A separate lawsuit is already filed

The board vote is not the only legal move. A group of parents and nonprofit organizations has filed a lawsuit against Washington state seeking to stop Initiative 638 from taking effect, the Kitsap Sun reported on Tuesday, November 10. The plaintiffs include TransFamilies, the Washington Education Association and parents of students who play on girls sports teams in Washington public schools.

The ACLU of Washington said the plaintiffs argue that the measure violates the state constitution in several ways: the sex verification requirement intrudes on student privacy, applies only to girls and not to boys, and conflicts with the state guarantee of education for all children without distinction on account of sex. The ACLU of Washington and Legal Voice represent TransFamilies and the parents, and Pacific Law Group represents the Washington Education Association.

What the measure requires

Initiative 638, titled the Defending Equity in Interscholastic Sports Act, passed with 56 percent of the statewide vote to 44 percent in last week's general election. Washington was one of four states where voters approved similar measures this cycle, along with Arizona, Colorado and Nebraska.

Under the measure, students designated as biologically male are barred from girls K-12 sports teams. School boards must write rules for how female student athletes verify their biological sex. Seattle's resolution says those requirements apply only to girls athletics and could subject girls to scrutiny and privacy invasions that boys do not face.

The measure reverses a Washington policy in place since 2007, under which the Washington Interscholastic Activities Association allowed transgender students to play on teams consistent with their gender identity. The association said on November 5 that implementation details, including updates to physical exam requirements, are under legal review.

Board members want a court to answer

Board members said they are not trying to ignore the vote. They said state laws on privacy, equal protection and discrimination were not repealed by the initiative, and they want a court to say how the district can follow all of them at once.

Director Joe Mizrahi said he does not see how the district can implement the requirements of Initiative 638 without violating those other laws and constitutional protections. Director Liza Rankin said the initiative gives 295 districts 30 days to work out compliance on their own, a process that usually takes months. Board President Gina Topp said getting clarity where there is confusion will help the district move forward.

Supporters of the measure pushed back. Let's Go Washington, the organization behind the initiative, said it expects the measure to be upheld and criticized the board for moving against the result. Parents who backed the initiative also spoke against the board decision, saying it disregards the will of voters.

Mayor Katie Wilson backed the board on Tuesday. In a statement, Wilson said the decision reflects concerns shared by educators, families and community leaders about student privacy, safety, dignity and equal access, and she supports the board decision.

The board had voted in September to oppose the initiative before the election. District leaders said the type of legal action is still being decided with general counsel and outside counsel. The clock is short. Initiative 638 is set to be implemented on December 3, and districts across Washington face the same compliance deadline unless a court intervenes.