Washington state's Initiative 638, which bans transgender girls from girls' school sports and requires medical testing to verify birth sex, has officially passed with 56 percent of the vote. Both sides acknowledged the measure's passage Thursday, and some opponents are considering legal challenges.
The Associated Press called the race Wednesday evening. As of Thursday, the initiative led by more than 291,000 votes. Washington Democratic Party Chair Shasti Conrad told supporters in an email that "the fight over I-638 is just beginning," adding that the party believes the initiative is unconstitutional and supports organizations planning to challenge it in court. However, the party later told KUOW it did not plan to litigate itself.
The Gender Justice League, a Seattle-based LGBTQ advocacy group, told KUOW it is actively evaluating legal options. Executive director Danni Askini said the group would challenge the measure on privacy grounds if there is an avenue to do so. “We believe that the Washington constitution and the Supreme Court have been really clear that I-638 would go far beyond a random drug screening and invade all girls' privacy,” Askini said.
The ACLU of Washington has not announced a lawsuit but called the ban "a devastating blow to our state's history of inclusivity and belonging." Attorney General Nick Brown told OPB on election night that he expects legal challenges and will evaluate them once they come.
Supporters of the ban say it is necessary to protect fairness in girls' sports. Let's Go Washington described it as “a victory for girls... who have been told time and again by the majority party that their voices and opportunities don't matter.” Founder Brian Heywood said he believed implementation would be simple and that doctors should look at patient records, such as MyChart, to verify birth sex.
The Washington Interscholastic Activities Association (WIAA), which oversees school sports, said it will have necessary changes in place by December 3, though implementation details are under legal review. The measure would require girls to obtain a genital exam, a hormone test or a chromosome test to verify their birth sex.
Opponents argue the measure will marginalize trans students and discourage girls from participating. "To all trans girls participating in school sports in Washington, we want you to know that you belong," said Libby Watson of the No Hate in Washington State campaign. Family medicine doctor Grace Shih told KUOW she opposed the ban and would not feel comfortable using information from annual checkups to satisfy the sports-specific physical requirements.
Meanwhile, attorneys with Alliance Defending Freedom (ADF) are waiting to learn whether the U.S. Supreme Court will take up an emergency appeal in a separate case involving a Puyallup wrestler. ADF Senior Counsel Hal Frampton said the wrestler needs relief from the court before wrestling season starts, as the ballot initiative does not go into effect until December.
Analysis
Why This Matters
- The measure marks a significant shift in Washington, a Democrat-led state that for nearly 20 years allowed students to participate in sports according to their gender identity without restrictions.
- It is one of the first bans in the country to require medical testing (genital exams, hormone tests or chromosome tests) rather than just a birth certificate, setting a potential precedent for other states.
- The legal challenges, particularly the privacy argument, could determine the enforceability of the ban and its impact on all girls participating in school sports.
Background
For nearly 20 years, Washington state policy allowed students to participate on school sports teams that aligned with their gender identity, without additional proof. Initiative 638 reverses that policy, requiring girls to undergo medical testing to verify their birth sex before joining girls' sports teams. The Washington Interscholastic Activities Association (WIAA) reports the state has around ten transgender children playing school sports. The measure is set to take effect on December 3, 2026.
Key Perspectives
Let's Go Washington: says the measure is a victory for girls and will keep girls' sports safe and fair.
Gender Justice League: says the initiative invades all girls' privacy and is preparing a legal challenge based on student privacy rights.
No Hate in Washington State: says the ban marginalizes trans students and calls the measure a dangerous signal for conservative movements across the country.
Alliance Defending Freedom: says the passage of the initiative is heartening and common-sense, while awaiting a Supreme Court decision on an emergency appeal regarding a Puyallup wrestler.
What to Watch
- The December 3 deadline for the measure to take effect and whether a court intervenes before then.
- The U.S. Supreme Court's decision on the ADF emergency appeal, which ADF hopes to hear before the wrestling season starts on November 16.
- Whether the privacy rights argument raised by the Gender Justice League succeeds in blocking or narrowing the ban.
Checked
12 claims in this story checked against 3 sources: 11 supported.
Show each claim
- SupportedInitiative 638 passed.OPB: “A statewide ban on transgender students competing in girls’ school sports has passed in Washington state with 56% of voters supporting it.”
- Reports differInitiative 638 passed with 56% of the vote.KUOW: “Washington’s ban, which is set to go into effect on Dec. 3, the deadline for the Secretary of State to verify election results, currently has 57% of the vote .”
- SupportedThe initiative requires girls to undergo a genital exam, hormone test or chromosome test to verify birth sex before joining a girls’ school sports team.KUOW: “The ban would require girls to obtain a genital exam , a hormone test, or a chromosome test to verify their birth sex before they could participate on a girls’ school sports team.”
- SupportedThe Gender Justice League is evaluating legal options and may challenge the ban on privacy grounds.KUOW: “Gender Justice League, a Seattle-based LGBTQ advocacy group, told KUOW on Thursday that it may challenge the ban on privacy grounds, though the group has yet to formally announce a lawsuit.”
- SupportedThe Associated Press called the race Wednesday evening.KUOW: “Though thousands of votes were left to tally on Thursday, the Associated Press called the race Wednesday evening.”
- SupportedAs of Thursday afternoon, Initiative 638 was leading by more than 291,000 votes.The Center Square Washington: “As of Thursday afternoon, I-638 was leading by more than 291,000 votes.”
- SupportedShasti Conrad wrote that “the fight over I-638 is just beginning.”The Center Square Washington: “Washington Democratic Party Chair Shasti Conrad sent an email that read in part, “the fight over I-638 is just beginning.””
- SupportedConrad said the party believes the initiative is unconstitutional and supports organizations planning to challenge it in court.The Center Square Washington: ““we believe this initiative is unconstitutional on its face and support organizations planning to challenge it in court,” wrote Conrad.”
- SupportedThe Washington Democratic Party later told KUOW it did not plan to litigate the issue.KUOW: “But the party backed off that statement Thursday morning, telling KUOW it did not plan to litigate the issue.”
- SupportedAskini said, “We believe that the Washington constitution and the Supreme Court have been really clear that I-638 would go far beyond a random drug screening and invade all girls' privacy.”KUOW: ““We believe that the Washington constitution and the Supreme Court have been really clear that I-638 would go far beyond a random drug screening and invade all girls’ privacy,” Askini said, adding that the measure “sets a really chilling and disturbing precedent.””
- SupportedThe ACLU of Washington called the ban “a devastating blow to our state's history of inclusivity and belonging.”KUOW: “In a blog post published Thursday , executive director Michele Storms called the ban “a devastating blow to our state’s history of inclusivity and belonging.””
- SupportedThe WIAA said it would have necessary changes in place by December 3, while implementation details were under legal review.The Center Square Washington: ““The WIAA office will have all necessary changes in place by December 3, 2026. Implementation details, including updates to requirements with physicals, are undergoing legal review.”