Washington Attorney General Nick Brown has hired an outside law firm to defend a voter-approved measure restricting which students may compete in girls’ school sports. His office says it will continue its separate work defending transgender residents’ rights.
Brown said Thursday that Bryan Cave Leighton Paisner will represent the state in the legal fight over Initiative 638, approved by voters on Nov. 3.
“My personal views do not dictate what laws get defended or the strength of that defense,” Brown said.
He described defending laws passed by voters as a central duty of his office, while noting that its work on transgender residents’ health care and equal treatment would carry on. Brown said appointing outside lawyers as special assistant attorneys general is common when a case raises a conflict, requires particular expertise or adds to the office’s workload. He described the firm as experienced, with a significant presence in Washington, and said it has represented the state before.
The appointment follows questions about how the attorney general’s office would handle the case and whether its connections to groups challenging the initiative could present a conflict. Brown’s former firm, Pacifica Law Group, is among the lawyers representing the challengers, along with the ACLU of Washington and Legal Voice.
The organizations sued in King County Superior Court on Monday, asking a judge to block the measure before it takes effect on Dec. 3. The plaintiffs include families with children in school sports, the Washington Education Association and TransFamilies.
Opponents argue that the restrictions and sex-verification rules violate state constitutional protections, including privacy and equal rights. They say the requirements could lead to intrusive examinations of girls and prevent transgender students from taking part in sports alongside their classmates.
The initiative directs school districts and covered athletic associations to bar biological males from competing with or against female students in events designated for girls. Students seeking to compete in those events must provide a form or statement signed by their health care provider as part of a routine sports physical. Verification must be based on reproductive anatomy, genetic makeup or naturally produced testosterone levels.
The measure does not require every student to undergo a genital examination. Its findings say the existing sports-physical process can be used to protect fairness, safety and competitive balance in girls’ athletics.
Returns available Friday showed the initiative with about 56% support.
Seattle education officials are also considering their response. The Seattle School Board voted 7-0 on Monday to authorize possible legal action related to the measure. Board members said they wanted courts to clarify how the initiative fits with the district’s existing obligations on privacy and discrimination.
“We can’t say we’re respecting democracy if we treat the most recent vote as a reason to ignore all the other laws that are on the books,” board member Joe Mizrahi said during the meeting.
The board’s authorization is separate from the lawsuit filed by the civil rights groups and does not, by itself, prevent the initiative from taking effect.
