Washington State Democratic Party Chair Shasti Conrad called the voter-approved girls’ sports measure unconstitutional and said the party would support organizations that challenge it in court.
In a Nov. 5 statement, Conrad said the result was “incredibly disheartening” but argued that voters had rejected anti-trans candidates elsewhere on the ballot. She added that the fight over Initiative 638 was only beginning and that the party believed the measure was unconstitutional.
The state Democratic Party later clarified that it would not file a lawsuit itself, though it expected other organizations to do so and would support their efforts. The party also declined to make Conrad available for an interview.
Voters approved Initiative 638, which bars students the measure defines as biologically male from competing in girls’ K-12 sports. It also requires students seeking to compete in female-only events to provide a health examination form or other statement from a health care provider verifying their biological sex, based on reproductive anatomy, genetic makeup or naturally produced testosterone levels. The Associated Press called the measure as passed; results reported by Axios showed support at about 56.6%.
The initiative does not spell out what examinations or tests providers must use. Opponents have warned that it could lead to invasive exams or testing. Let’s Go Washington, the group that sponsored the measure, says providers can use existing medical records and that genital exams are not required. The Washington Interscholastic Activities Association has said its current sports physical rules do not require genital, DNA or hormone testing.
Conrad said the initiative would undo protections established in state law 20 years ago. She also expressed support for transgender girls’ right to participate in school sports. Initiative 638 changes Washington’s longstanding policy, which allowed students to play on teams consistent with their gender identity.
Conrad’s statement also noted that voters rejected two other measures backed by Let’s Go Washington: I-001, concerning parental rights and access to student information, and I-645, which sought to repeal the state’s new tax on income over $1 million. Initiative 638 was the only one of the group’s three measures to pass.
The Gender Justice League said it was considering its legal options. The ACLU of Washington declined to comment on possible litigation. Initiative 638 is scheduled to take effect Dec. 3, pending certification of the election results.
Conrad also pointed to Jaelynn Scott’s election to the state House. Scott is set to become Washington’s first openly transgender state legislator and the first openly Black transgender woman elected to a state legislature in the country.
The debate over transgender athletes has drawn attention in Camas, where about a dozen girls on a high school cross-country team walked off before a race to protest a transgender teammate’s participation. The runner had competed in the boys’ category earlier in the season before joining the girls’ team. The school district and the Washington Interscholastic Activities Association said she was eligible under the rules then in place.
Washington’s wrestling policy is also being challenged in federal court. A Puyallup student identified in court filings as K.M.K. alleges that a transgender opponent sexually assaulted her during a girls’ match in December 2025. The allegation has not led to criminal charges.
K.M.K.’s family sued state and school officials and asked the Supreme Court for emergency relief after lower courts declined to issue an injunction. The court docket showed the application was still pending as of its latest listed filing on Nov. 3.
A girls’ basketball game in Tumwater led to a separate Title IX dispute. In February 2025, Tumwater player Frances Staudt sat out a game against Shelton after learning that a transgender student was on the opposing girls’ team. A complaint filed on Staudt’s behalf alleged that the district denied her a fair chance to compete and retaliated against her for speaking out.
The U.S. Department of Education opened an investigation into the allegations. The inquiry was not a finding that the district had violated Title IX. Tumwater said it took the matter seriously and would work with the department.
