I-638 passes — but faces its first major legal challenges

Only a week after Initiative 638 was passed by a majority of Washington voters, already legal challenges have been raised by education and civil rights organizations regarding its implementation. Last night, the ACLU of Washington, Legal Voice, and the Pacifica Law Group filed a lawsuit that calls into question the legality of Initiative 638, which mandates a complete ban on transfeminine students in girls’ sports at school. This comes also as the Seattle Public Schools board voted unanimously on November 3 for a resolution allow the SPS’s legal counsel and Superintendent Ben Shuldiner to challenge I-638 in court. I-638 will require all cis women and girl student athletes to verify their “biological sex” with documentation from a healthcare provider “[based on]... reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels” in order to participate. The statewide measure is to take effect on December 3, 2026.

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