Transgender-rights supporters marched through downtown Seattle on Thursday, a day after voters backed a measure barring students assigned male at birth from girls’ K–12 interscholastic sports. The new restrictions could face a legal challenge.
Protesters met at Westlake Park and marched toward Pike Place Market. They were responding to Initiative 638, which also requires students seeking to play on girls’ teams to provide medical verification of their biological sex.
Returns reported Thursday showed 56.8% of voters supporting the measure. The Associated Press called the result Wednesday evening, while ballots were still being counted.
“I was kind of expecting it, but it was still devastating nonetheless,” Evan Gortner of Gender Equity Movement, which organized the protest, told KUOW.
Marchers chanted, “638 is trans hate.” Some also criticized Democratic leaders, saying they had not done enough to defeat the initiative.
The result was a win for Let’s Go Washington, the conservative group that backed the measure. Voters rejected two other initiatives supported by the group, including proposals concerning parental rights and repealing the state tax on high earners.
Supporters say separating girls’ sports by biological sex protects fairness, safety and athletic opportunities for female students. Opponents argue the restrictions discriminate against transgender students and could lead to invasive medical checks.
The debate may now move to court. Gender Justice League Executive Director Danni Askini told KUOW that her organization was consulting with partners and considering a challenge based on student privacy. As of the report published Nov. 5, the group had not announced a lawsuit.
The ACLU of Washington also criticized the vote, but told KUOW it would not discuss possible litigation. Washington Democrats have said they support other organizations pursuing legal challenges, though the party will not bring a case itself.
“WA Dems will not be challenging the initiative in court. We believe there will be organizations who do and we support those efforts,” the party said previously. Party Chair Shasti Conrad called the measure unconstitutional in a Nov. 5 statement.
The medical-verification requirement is a key point of dispute. The initiative calls for a health examination and consent form, or another statement signed by a student’s personal healthcare provider, as part of the routine sports physical. The verification must be based on reproductive anatomy, genetic makeup or naturally produced testosterone levels. The measure does not specify a particular test or examination.
Washington has allowed students to compete on teams that match their gender identity since 2007. Before the election, the issue also prompted protests by female athletes. About a dozen girls from Camas declined to race against a transgender teammate at a cross-country meet on Oct. 13.
Schools are now waiting for details on how to apply the new rules. The Washington Interscholastic Activities Association told KUOW it was preparing changes for Dec. 3 and reviewing implementation, including the physical-examination requirements. Updated guidance and forms will be sent to schools after legal review.
