Seattle’s school board voted unanimously Monday to authorize possible legal action over Initiative 638, a voter-approved measure that bars biological males from competing in girls’ school sports. The decision adds a new layer to Washington’s debate over transgender athletes’ eligibility.
The 7-0 vote allows Superintendent Ben Shuldiner to pursue legal action related to the initiative. Two student representatives also supported the measure in separate advisory votes, according to the meeting transcript.
Board member Joe Mizrahi said he had opposed Initiative 638, but argued that Monday’s decision was about the district’s legal obligations, not the board members’ personal views.
“As a father of three daughters who play sports, I was opposed to 638,” Mizrahi said.
He said the district had heard from people urging it to protect students, as well as from others who wanted the board to respect the election result.
Mizrahi said the board could take the vote seriously while also considering other laws already in effect. He argued that treating the latest vote as a reason to set aside existing laws would not amount to respecting democracy.
Initiative 638 passed with more than 55% support in last week’s election, according to local reports. It is set to take effect Dec. 3. The board’s authorization does not pause the measure, and district officials had not announced a specific court filing or timeline after the meeting.
Mizrahi pointed to existing protections concerning privacy, equal access and discrimination, saying the initiative raised questions about how those laws would interact. His comments explained why the board wants a court to weigh in; no court has ruled that the measure is unlawful.
He said the resolution would let the superintendent and district lawyers ask the courts to clarify the issues.
Board member Liza Rankin focused on the implementation deadline. She said districts usually receive legal review, rules and model policies before developing their own procedures for carrying out state requirements.
Rankin said the initiative instead leaves 295 school districts to work out individually how to comply with a legally complex measure that may conflict with other requirements. She described the usual process as taking months and said board members in other districts had contacted her for guidance.
Rankin said the board was not trying to reverse the voters’ decision, but to get legal advice about its responsibilities.
The board had unanimously opposed the initiative in September, citing concerns about students’ dignity, privacy, safety and emotional well-being, according to the district.
Some supporters questioned the board’s decision at Monday’s meeting. Supporter Dawn Land asked why its members were unwilling to back the voters’ choice, while Amy Sousa said the measure was about fairness for girls and preserving Title IX, according to local television reports.
The political committee behind the initiative, Let’s Go Washington, told KUOW it expected state education and athletic officials to put the requirements into effect and protect opportunities for girls in sports.
The measure requires school districts and covered athletic associations to bar biological males from competing with or against female students in sports designated for girls. Students seeking to participate must submit a form or statement from their healthcare provider verifying biological sex as part of a sports physical. The verification must be based on reproductive anatomy, genetic makeup or naturally produced testosterone levels.
The initiative does not require every athlete to undergo a genital examination. Opponents say its requirements could lead to invasive exams or additional testing. Supporters argue that verification can be included in the existing physical examination process.
The dispute comes after protests over transgender participation in Washington school sports. About a dozen girls from Camas walked out of an October cross-country race that included a male competitor.
Washington Democrats have said they support legal challenges brought by others, but will not file a lawsuit themselves.
After all seven board members voted in favor, President Gina Topp said seeking clarity would help the district manage the uncertainty.
“I think getting some clarity when there is some confusion will be helpful as we move forward,” Topp said.
